Committee approves amendment to seal, not expunge, diversion records

The Ways & Means committee voted unanimously to adopt a House Judiciary amendment to H566 that changes the post‑charge diversion outcome from expungement to sealing.

Michelle Childs of the Office of Legislative Council told the panel the bill would leave diversion records in existence but hidden from the public record, explaining that “those records would be sealed instead of…expunged.” She said existing exceptions under Title 13 would continue to allow law‑enforcement and certain state actors access for criminal‑justice or litigation purposes.

Childs said the version before the committee is narrower than the bill as introduced: an original provision to expand adult post‑charge diversion to municipal violations was removed by House Judiciary, so the amendment before the committee is limited to the change from expungement to sealing.

Fiscal staff told the committee the amendment has no fiscal impact because the provision that could have created costs was removed. The committee moved, adopted, and then voted the Judiciary amendment favorable by an 11‑0‑0 roll call after Representative Kimball moved to find H566 favorable as amended and Representative Zach seconded the motion.

The committee did not create new exceptions to sealing in this amendment; Childs said established statutory exceptions remain in Title 13. The next procedural step is for the committee report to be submitted reflecting the committee’s favorable finding.