Synopsis of Committee Amendments

Legislative Service Commission

LSC Synopsis of House Amendments

 

Sub. H.B. 137

126th General Assembly

(S. Judiciary Civil Justice)

 

 

The Senate committee adopted amendments to do the following:

1.  Require the court, if the person is not present in court at the time the court issues a sealing order and if the court does not seal the person's record upon the court's own motion, to provide written notice to the person by regular mail to the person's last known address that explains (1) what sealing a record means, (2) that the person may apply to have the person's record expunged, and (3) what expunging a record means;

2.  Remove the requirement that, upon final disposition of a case in which a person is adjudicated a delinquent or unruly child (and is under 18 years of age or under the jurisdiction of the court) or is a juvenile traffic offender, that the court provide verbal notice to the person and that the notice explain the possible consequences of not having the records sealed;

3.  Remove the requirement that the court, within 90 days after the expiration of two years after the later of the termination of any order made by the court in relation to the relevant adjudication or the unconditional discharge of the person from the Department of Youth Services with respect to a relevant dispositional order, provide written notice by certified mail to a person that the person's record has been sealed, what record sealing means, that the person may apply to have the record expunged, and what record expungement means or that the person may apply to have records sealed, what record sealing means, the possible consequence of not having records sealed, that the person may apply to have records expunged, and what record expungement means.

 

 

H0137-126.doc/lb                                                                                                    05/22/06