Senate Judiciary begins markup of S.12 to broaden sealing rules, sets wait times and limits access to sealed records

The Senate Judiciary Committee on Jan. 31 began marking up S.12, a bill that would change how criminal records are sealed and who may see them. Committee members discussed expanding the list of offenses eligible for sealing, keeping licensing agencies from routine access to sealed records, and setting specific waiting periods before a person may petition the court to seal a conviction.

Committee staff said the draft will continue to be revised, but that the committee had reached an initial agreement to preserve existing limits on licensing and agency access to sealed records (committee staff characterized this as leaving the current system in place so licensing offices would not gain new routine access). Michelle (staff member) summarized that the bill’s approach is to allow petition-based sealing in most cases while preserving an option for petitionless sealing for offenses that are no longer crimes (the committee noted the cannabis example as precedent).

Why it matters: sealing changes who can see a person’s conviction history and for how long. Supporters said sealing helps people obtain employment and licenses after a period of law‑abiding behavior; opponents and some staff flagged implementation and administrative limits, including technology and rulemaking that agencies must complete before some forms of access could happen.

Key decisions and proposals discussed

- Access by licensing agencies: Committee members agreed not to expand licensing agencies’ routine access to sealed records in the current draft. That position was described repeatedly as keeping the status quo for agencies that license professionals working with vulnerable populations; those agencies would still be able to require disclosures where current law already allows it. The committee also discussed a separate…