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House advances expungement changes to ease re-entry for people with substance-related records
Summary
House Bill 33 narrows barriers to expungement for certain substance-related offenses and allows the Board of Pardons to issue certificates at the time of pardon, streamlining a duplicate process with courts and aiming to improve employment and housing prospects for affected individuals.
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House Bill 33 cleared the House on Feb. 1 after an extended sponsor presentation and bipartisan support. Representative Hutchings, the bill sponsor, framed the measure as targeted relief for people with substance-related convictions who meet strict criteria for rehabilitation and eligibility.
"It has become exceptionally difficult for people with criminal records to be able to gain employment," Hutchings said, describing circumstances in which a single incident can produce multiple charges that currently disqualify people from expungement. Hutchings said the bill "opens the door just a little bit" for certain possession and drug-related offenses and directs the Board of Pardons to issue an expungement certificate at the time a pardon is granted to avoid repeating the same court-based process.
Supporters emphasized safeguards: expungement eligibility requires meeting existing statutory criteria (including multi-year clean periods and proof of rehabilitation) and law enforcement will retain access to records for investigative and judicial purposes. Representative Hutchings said stakeholders — including the attorney general's office, courts and prosecutors — participated in work-group deliberations to narrow scope and ensure public-safety protections.
Representative Van der Aay asked about relapse and whether expungement would prevent future accountability; Hutchings responded that expunged records are removed from public background checks but remain available to law enforcement and the courts if needed.
Vote and next steps: After summation was waived, the clerk reported House Bill 33 received 72 yes votes, 0 no votes. The bill will be transmitted to the Senate for consideration.
