HB 369 — AN ACT relating to expungement.

UNOFFICIALCHAPTER COPY87 231 RSCHAPTER 87 ( HB 369/GA369 ) AN ACT relating to expungement.

(2) (a) A verified application to have the judgment vacated under this section shall be filed no sooner than five (5) years after the completion of the person's Page 1 of 8 HB036910.100 - 861 - XXXX 3/3/2023 10:40 AM GA UNOFFICIAL COPY 23 RS HB 369/GA sentence, or five (5) years after the successful completion of the person's probation or parole, whichever occurs later.

The Commonwealth's attorney or county attorney shall be authorized to obtain without payment of any fee information from the Page 2 of 8 HB036910.100 - 861 - XXXX 3/3/2023 10:40 AM GA UNOFFICIAL COPY 23 RS HB 369/GA Transportation Cabinet regarding the crime victim's address on file regarding any vehicle operator's license issued to that person.

The prosecutor shall Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY specify in the objection the reasons for believing a denial of the application is justified.

(c) If the court determines that circumstances warrant vacation and expungement Page 3 of 8 HB036910.100 - 861 - XXXX 3/3/2023 10:40 AM GA UNOFFICIAL COPY 23 RS HB 369/GA and that the harm otherwise resulting to the applicant clearly outweighs the public interest in the criminal history record information being publicly available, then the original conviction or convictions shall be vacated and the records shall be expunged.

Page 4 of 8 HB036910.100 - 861 - XXXX 3/3/2023 10:40 AM GA UNOFFICIAL COPY 23 RS HB 369/GA (7) Upon entry of an order vacating and expunging a conviction, the original conviction shall be vacated and, upon full payment of the fee in subsection (11) of this section, the record shall be expunged.

CHAPTER 87 3 (9) The Administrative Office of the Courts shall establish a form application to be used in filing an application to have judgment vacated and records expunged.

(b) When the order is issued, the court shall set a date, no sooner than eighteen (18) months after the date of the order, by which the defendant must comply Page 5 of 8 HB036910.100 - 861 - XXXX 3/3/2023 10:40 AM GA UNOFFICIAL COPY 23 RS HB 369/GA with the installment payment plan.

Page 6 of 8 HB036910.100 - 861 - XXXX 3/3/2023 10:40 AM GA UNOFFICIAL COPY 23 RS HB 369/GA (2) A petition may seek the expungement from the juvenile court record of any status offenses, or any public offenses which would be felonies, misdemeanors, or violations if committed by an adult[:

(6) Upon the entry of an order to expunge the records, the proceedings in the case shall be deemed never to have occurred and all index references shall be deleted and the person and court may properly reply that no record Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY exists with respect to such person upon any inquiry in the matter.

The person whose record is expunged shall Page 7 of 8 HB036910.100 - 861 - XXXX 3/3/2023 10:40 AM GA UNOFFICIAL COPY 23 RS HB 369/GA not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application.

PageSigned 8by ofGovernor 8March HB036910.10024, -2023. 861 - XXXX 3/3/2023 10:40 AM GA