Summary as Introduced
Amends the Criminal Identification Act. Provides that, in anticipation of the successful completion of a diversion program, a petitioner may file a petition for expungement at least 61 days before the anticipated dismissal of the case. Provides that, if a petition is filed, and upon the successful completion of the diversion program and dismissal of the case, the court shall review the petition and shall grant expungement if the petitioner meets all requirements. Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act to make conforming changes.
Staff Analysis
Amends the Criminal Identification Act. Provides that, in anticipation of the successful completion of a diversion program, a petitioner may file a petition for expungement at least 61 days or more before the anticipated dismissal of the case and, upon successful completion of the program and dismissal of the case or any time thereafter, the court shall review the petition of the person graduating from the program and shall grant expungement if the petitioner meets all requirements as specified in any applicable statute. Makes grammatical changes and changes to cross-references. Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act to provide that a participant may file a petition to expunge the associated records pursuant to the Criminal Identification Act, including filing a petition in advance of anticipated vacatur and dismissal. Effective immediately.