Bill
SB 325
85(R) - 2017
Senate Criminal Justice
Senate Criminal Justice
Courts
Criminal Justice
Companion Bill
HB 557
Vote Recommendation
Yes
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Neutral
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Neutral
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Neutral
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Positive
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Positive
Author(s)
Konni Burton
Co-Author(s)
Don Huffines
Bill Caption
Relating to the procedure for expunction of arrest records and files for certain persons who are tried for an offense and are subsequently acquitted.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
The substantial changes that this bill would enact would involve allowing an attorney of the state to request an expunction for an acquitted person. Current law allows only a defendant to request expunction, and it puts a burden on the defendant and the defendant’s attorney to prepare the order for the court’s signature. If this bill passes that burden could be taken on by the state but would not be mandated.
Vote Recommendation Notes
This bill upholds our liberty principles by allowing innocent people to clear their records for crimes that they were accused of, but found innocent. It is in the best interest of justice for innocent individuals to not have to deal with having a criminal record that suggests that they are criminals. Allowing the attorney of the state to request an expunction is a procedural change that promotes individual liberty and confidence in the justice system, therefore we support SB 325.
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