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Sponsor asks committee to waive fee to file for annulment when charges do not result in conviction
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Summary
Sen. Keith Murphy said the bill would bar courts from charging a filing fee to petition for annulment when charges do not result in conviction; senators expressed sympathy but asked staff and court administrators about administrative costs and process, and the committee moved the bill to interim study for further drafting.
Senator Keith Murphy described the personal harms of being charged and later found not guilty, and introduced SB512 to prohibit courts from charging a fee for petitions to annul an arrest record when there has been no conviction. "You get told you have to pay a $100," Murphy said, describing the current practice he wants eliminated for those found not guilty.
Committee members and court staff questioned administrative mechanics: who pays for the clerical work to remove records and whether the clerk or judge should make eligibility determinations before a fee is waived. County court representatives explained the clerk accepts filings but judges typically enter annulment orders; staff warned the statute as drafted would put clerks in the position of waiving fees before the court makes a legal determination.
After extended discussion about equity for defendants versus administrative costs, the committee voted to place the bill into interim study to work out implementation details including how files would be handled and any budget implications.
