Establishes automatic sealing of certain criminal records for individuals who meet specific criteria.
Defines “covered individual” as someone who is not a sex offender, has been arrested or convicted of certain nonviolent offenses, and has fulfilled all sentencing requirements.
Specifies that automatic sealing applies to:
Individuals acquitted of charges within 60 days.
Individuals arrested without charges filed within 180 days.
Sealed records are protected from access, except for law enforcement and court purposes under specific conditions.
Individuals with sealed records are not required to disclose the existence of those records, with limited exceptions.
Allows individuals to access their own sealed records.
Imposes penalties for unauthorized disclosure of sealed records.
Provides a process for individuals to petition for sealing of records related to covered nonviolent offenses after fulfilling sentencing requirements.
Requires courts to notify individuals of their potential eligibility to file sealing petitions.
Establishes procedures for filing sealing petitions, including notification to prosecutors and potential crime victims.
Mandates a hearing for sealing petitions, allowing both the petitioner and the prosecutor to present evidence.
Courts must balance public safety interests against the petitioner’s interest in sealing records.
Includes provisions for reporting on sealing petitions granted and denied, disaggregated by demographics.
Grants immunity to employers for claims arising from misconduct related to sealed records.