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Senate rejects substitute SB 72, sparking debate over automatic expungements after acquittal
Summary
Senators voted down Substitute Senate Bill 72, which would have allowed automatic expungement one year after an acquittal; opponents said automatic removal without review could impede future prosecutions, while law enforcement said amendments made the measure acceptable.
Substitute Senate Bill 72, a measure proposed by Senator Wilfred Rex Black to expunge criminal arrest records following trial acquittals, was debated at length on Feb. 11 and did not pass the Senate.
Senator Black introduced the substitute bill, which included an amendment that would automatically clear records one year after an acquittal. Opponents warned the change removes judicial review that can be important when evidence accumulates over time. Senator Hittier argued, “My concern with Senator Black's amendment is that if a person is acquitted at trial… then 1 year after, automatically, the record's expunged,” and said acquittals can occur for many reasons unrelated to factual innocence.
Senator Byrd emphasized a related risk for offenses against children: records that are kept can later help show patterns and assist future prosecutions, and he urged caution about automatic removal. In response to concerns from prosecutors and sheriffs, the sponsor and the committee negotiated amendment language; Brent Johnson of public safety told the chamber that after discussion with prosecutors and law enforcement, they could "live with this bill" as amended and that administrative concerns (such as how revocations or licensing actions would be affected) had been considered.
After debate and a roll-call, the clerk reported the standing result as 9 ayes, 18 nays and 2 answered (the transcript indicates the substitute bill did not advance). Senators had also voted to go into the committee of the whole to hear law-enforcement input before final action.
What happened next: The body recorded the tallies and moved on to other calendar items. Supporters said the proposal would reduce continuing collateral consequences for acquitted defendants; opponents said automatic, unreviewed expungement is bad public policy in some cases and could eliminate evidence useful to later prosecutions.
Next steps: Because the substitute failed in this vote, the Senate did not advance it on that day. The debate recorded requests that any future proposal preserve judicial review or otherwise address prosecutorial and victim-protection concerns before automatic expungement takes effect.
