Committee adopts poverty-affidavit and arrest-record alignment amendments and passes HB 2655 out of committee
Loading...
Summary
The committee amended HB 2655 to allow judges to waive municipal expungement fees via poverty affidavit and to align municipal arrest-expungement language with district court law; both amendments passed and the committee voted HB 2655 out favorably.
The Committee on Corrections and Juvenile Justice voted on amendments to HB 2655, a bill that ties municipal-court expungement to participation in specialty-court programs and successful completion.
Representative Carmichael moved an amendment authorizing judges to waive expungement fees by reviewing a poverty affidavit; the committee adopted that amendment by voice vote. Carmichael said the provision mirrors similar district-court practice and would allow judges to consider means-tested waivers for municipal expungement filings.
A second amendment—suggested by the City of Olathe and explained on the record by Revisor Jason Thompson—added the parallel arrest-record expungement statute (12-45-16a) alongside the conviction-expungement statute (12-45-16) so municipal law aligns with district-court statutory language. Thompson said the bill's existing municipal provision dealt with convictions under 45-16, while 45-16a covers arrest records; the amendment mirrors district-court language so arrest records and convictions can be treated consistently.
Committee members supported the changes, noting judicial practice of checking both boxes for conviction and arrest expungements in some district courts; Chair called for a motion to pass the bill as amended, Representative Carmichael moved to pass it and a second was recorded, and the committee voted to pass HB 2655 out of committee.
The committee will transmit the bill as amended; no fiscal or implementation dates were discussed on the record during the vote.

