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Subcommittee advances expungement-cleanup substitute to reduce inconsistency across courts
Summary
A substitute to Senate Bill 230 clarifies expungement eligibility and procedure—removing ambiguous 'otherwise dismissed' language, permitting multiple charges in one petition, allowing pseudonymous appeals, and preventing prior convictions from being sole refusal reasons—then passed 9–1.
Senate Bill 230, advanced to the full committee by a 9–1 vote, makes a package of clarifications intended to reduce inconsistent local practices on expungement petitions.
Key changes summarized by the sponsor: the substitute removes 'otherwise dismissed' language that courts and the Supreme Court have found ambiguous; it clarifies that multiple dismissed charges may be included in one petition (targeting inconsistent local clerk practices), and it directs that the unavailability of old court records cannot be a basis for denial. The bill also clarifies which short-term protective orders tied to criminal charges can be expunged and allows petitioners appealing a denial to use pseudonyms to preserve privacy.
Supporters including civil-rights and defense‑side practitioners said the substitute fixes long-running procedural problems that produce unequal access and unnecessary filings. The state police asked the sponsor to remove automation and data‑access provisions that raised fiscal concerns; those items were omitted from the substitute. The subcommittee reported the substitute by a 9–1 vote.
