Category Archives: expungement

Expungement Law Expanding Nationwide – More Protection for Former Offenders

Legislatures across the country are increasingly concerned about irrational discrimination in the housing and job market that is based on old criminal records. There were more than 20 new expungement laws that either created or expanded the ability to expunge records in the past 3 years. Continue reading

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Indiana Appeals Court: Trial Judges Have No Discretion in Certain Expungements

The Indiana Court of Appeals ruled today that judges do not have discretion to deny a valid petition for expungement of a low-level felony or misdemeanor conviction. The appellate court held that the use of the word “shall” from Indiana’s 2013 expungement law change prevents judges from exercising discretion in deciding these expungement requests. Continue reading

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Minnesota House Passes Expungement Bill HF 2576

he Minnesota House of Representatives passed a bill last week that will significantly improve the expungement law in Minnesota. The major changes include expanding the eligibility for a statutory expungement to some misdemeanor and felony convictions. Additionally the bill adds an explicit provision that requires background check companies to promptly remove the record of a case once they know it has been expunged. Continue reading

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New Jersey’s New Conditional Dismissal Program

On January 4, 2014, a New Jersey law that establishes a conditional dismissal program in the Municipal Courts for first-time offenders charged with certain disorderly persons offenses goes into effect. A defendant who successfully completes this program will be eligible to expunge his or her record six months after the case is dismissed. The conditional dismissal program will supplement New Jersey’s existing diversion programs, which include pre-trial intervention (PTI) for certain indictable offenses in the Superior Court and conditional discharge for certain disorderly persons drug offenses in the municipal court. Continue reading

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Michigan Bill May Expand Expungement Opportunities

Michigan state lawmakers have recently proposed House Bill 4186, which is aimed at expunging criminal records of nonviolent criminals who have paid their debts to society and become rehabilitated. The current law in Michigan allows for the expungement of a single conviction. The proposed Bill would allow the expungement of up to two misdemeanors, or one misdemeanor and one felony after a five-year waiting period has passed from the completion of probation or parole. The Bill will not protect or help those with sexual offenses, or felonies that can be punishable by life imprisonment. It would have little to no fiscal impact on the Judiciary. Continue reading

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