Defender General opposes shifting diversion records from expungement to sealing, cites limits of internet-era remedies
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Summary
In testimony to the House Judiciary Committee, the Defender General argued H566s move toward sealing rather than expungement would leave people vulnerable because online reporting often persists; he said his office will continue to favor expungement, particularly for juveniles and deferred sentences.
At the House Judiciary Committee hearing on Feb. 4, the Defender General (Matt) urged the panel to preserve expungement for diversion and related contexts and criticized efforts to substitute sealing for expungement.
Matt told the committee his office has long favored expungement over sealing "for exactly the reasons that I just talked about" regarding public access: sealing can create a legal fiction (records still exist and remain discoverable in many ways), whereas expungement removes records entirely. He added expungement is particularly important for juvenile cases and deferred sentences, which his office has worked to protect.
Matt illustrated his point with a case in which a defendant, a retired Air Force colonel, faced front-page reporting when charged but received minimal coverage when charges were dismissed. He described lasting reputational harm: "When the case was dismissed, there was 1 line in court news...the guy is totally ruined," and said that online archives and ongoing news coverage mean sealing or expungement sometimes cannot fully erase consequences, but expungement still provides stronger legal protection.
Committee members probed scope: one asked whether the bill covers juvenile versus adult diversion. Matt said juvenile expungement should carry greater weight and emphasized that expungement for deferred sentences is a "hill I would stand on pretty much forever." He acknowledged there are instances where sealing may have benefits but maintained his office's preference for expungement overall.
No formal vote was recorded during the hearing. The committee closed after confirming scheduling for follow-up matters and the Defender Generals upcoming budget testimony.
This discussion leaves open how H566s language will be reconciled with the court rulemaking process and with ongoing legislative activity.