Senate Judiciary weighs judge-ordered access, exigent exceptions for sealed records; committee leans toward judge review with reasonable-suspicion standard

At a Senate Judiciary committee hearing, witnesses and committee members discussed procedures for law enforcement to access sealed criminal records, with testimony from Tom Zuni, chief superior judge, and law enforcement officials on how to balance officer safety, transparency and individual privacy.

The discussion centered on whether access to sealed records should require a court order presented to a judge (similar to an inquest) or allow a quicker after‑hours procedure in exigent circumstances, and what legal standard judges should apply. Judge Tom Zuni recommended establishing clear statutory or procedural language spelling out the process and asked the committee to define the standard judges would use when considering access requests.

Why it matters: the committee is considering rules that would affect when law enforcement can check sealed records during investigations (including roadside stops and searches) and how records for offenses that have been decriminalized could be handled without individual petitions. Any change would affect law enforcement practice, judicial workload and privacy rights for people with sealed records.

Most important facts: Zuni recommended…