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Senate Judiciary Committee passes bill to seal first-offender records at sentencing
Summary
The Senate Judiciary Committee passed House Bill 162 (LC 481348), which would require judges to seal qualifying first-offender records at sentencing rather than at discharge, while preserving judicial discretion to refuse first-offender pleas and allowing certain agencies access to sealed files.
Chairman Hagan told the Senate Judiciary Committee that House Bill 162 (LC 481348) ‘‘did not make it to the Senate floor’’ previously and described the bill as aimed at preserving the intent of the First Offender Act by sealing qualifying records earlier in the process.
The bill would require judges to seal an eligible defendant’s criminal record at the time of sentencing instead of waiting until discharge, a change sponsors and advocates say is intended to prevent publicly searchable background checks from undermining what the statute was intended to accomplish: giving someone a practical second chance to obtain employment, housing and other opportunities after a single qualifying offense.
The change does not expand the class of eligible offenses, Chairman Hagan said, and ‘‘the crimes that are excluded are of a particularly violent nature or crimes…
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