HB322:

Criminal records; changes to provisions to sealing of records.

Bill Summary:

Criminal records; sealing of records. Makes
changes to the sealing provisions as they shall become effective
pursuant to Chapters 524 and 542 of the 2021 Acts of Assembly, Special
Session I, related to the types of offenses eligible to be sealed
by petition. The bill limits such offenses eligible for sealing by
petition to convictions for a Class 2, 3, or 4 misdemeanor and deferral
and dismissals of misdemeanor offenses, Class 5 or 6 felonies, or
felony larceny-related offenses. Under the related provisions as
they shall become effective pursuant to Chapters 524 and 542, a person
convicted of or who has had a charge deferred and dismissed for a
misdemeanor offense, Class 5 or 6 felony, or felony larceny-related
offense is eligible to petition to have such conviction or charge
sealed. The bill also changes the provisions related to criminal
penalties for disclosure of sealed records to require proof that
such disclosure was done maliciously and intentionally and reduces
the penalty for such violation to a Class 1 misdemeanor. Under the
related provisions as they shall become effective pursuant to Chapters
524 and 542, disclosure of such records done willfully is a Class
1 misdemeanor and disclosure done maliciously and intentionally is
a Class 6 felony.