Tuesday, February 23, 2016

New law changes expungement practices

Listen to the podcast interview that includes more details about expungement legislation.

Legislation recently passed the General Assembly changing how municipal courts process expungements. Courts will no longer be required to automatically expunge dismissed offenses that do not result in someone being fingerprinted.  More charges are now eligible for expungement, but fewer charges must be automatically expunged. 

Back in 2009, the General Assembly passed a bill that resulted in thousands of automatic expungements. This placed a huge burden on municipal courts. 

“This recently passed legislation was a shot at making some common sense changes to how expungements are handled in municipal court. These changes benefit both the court staff and the person seeking an expungement," said Tiger Wells, the Association’s government affairs liaison. 

Now under the new law, if a person is charged with an offense in municipal court that is later dismissed or otherwise discharged, the individual may request and receive an expungement of that offense at no charge. 

“The idea is that by making the person come in and apply for these expungements, we lessen the burden on municipal courts,” Tiger said. “If a person is charged with an offense and fingerprinted and the charges are later dismissed or otherwise discharged, then the automatic expungement stands."

Listen to Tiger's City Quick Connect podcast interview to get more details about the new expungement process. 

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