PA 08-151—SB 694

Judiciary Committee

AN ACT CONCERNING ERASURE OF CRIMINAL RECORDS RELEASED TO THE PUBLIC

SUMMARY: By law, courts, police, and prosecutors must erase the records of any criminal defendant whenever (1) he or she is found not guilty of the charge or the charge is dismissed in a final judgment; (2) at least 13 months have elapsed since any charge in his or her criminal case has been nolled; or (3) he or she received an absolute pardon. A nolle is a formal statement by the prosecuting attorney that he or she will not prosecute a case further.

The erasure requirement does not apply to cases where defendants have multiple charges (counts) in a single information or indictment (charging document). This act eliminates the multi-count exception in electronic records or portions of electronic records released to the public. This means that courts, police, and prosecutors must erase from electronic, but not paper records, charges in multi-count information or indictments for which defendants are not convicted. Electronic records means computer printouts and records created, generated, sent, communicated, received, or stored electronically, including faxes, e-mails, telexes, and Internet messaging.

EFFECTIVE DATE: October 1, 2009

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