HF4495

Purpose

This bill changes how expunged criminal records can be used in state hiring and how expungement orders can be opened or shared. It aims to allow the Legislative Auditor or State Auditor to consider expunged convictions when evaluating candidates for employment, while also clarifying when and how expunged records can be opened, shared, or used by criminal justice agencies and other state bodies.

Main Provisions

• Access to expunged records for hiring decisions

  • The Legislative Auditor or the State Auditor would be allowed to access and consider expunged criminal records when evaluating final candidates for employment.
  • They could disqualify a job applicant, in whole or part, if a prior expunged conviction is directly related to the position.
  • This access and potential disqualification are explicitly allowed while other existing laws about criminal history checks still apply.

• Exceptions to licensing and background processes

  • The bill lists many licensing and background-check processes that remain protected from these expungement-access provisions. Examples include:
  • Licensing for peace officers and certain law-enforcement or fire protection roles
  • Licensing and background studies under specific chapters for certain professionals (e.g., private detective, professional educator licenses, nursing, medicine, chiropractic, etc.)
  • Licenses and endorsements for school bus drivers, special transportation endorsements, commercial driver training instructors, EMS personnel, taxicab drivers, and others
  • In these areas, the expunged-record access provision does not apply.

• Not superseding other required checks

  • The new rules do not override existing legal requirements to conduct criminal history background investigations or consider criminal history in certain employment contexts.

• Changes to expungement rules (Section 2)

  • Expunged DNA samples and DNA records are generally not sealed, returned, or destroyed in certain expungement contexts (with some exceptions).
  • Expunged records may be opened or exchanged between criminal justice agencies without a court order for:
  • Ongoing or completed investigations or sentencing
  • Sentencing-related purposes
  • Providing probation or other correctional services
  • Special cases when a record can be opened without a court order:
  • After acquittal or dismissal for lack of probable cause (with a court order under certain conditions)
  • For evaluating prospective employees in a criminal-justice agency
  • For background checks required under specific statutes
  • For evaluating final candidates for employment by the Legislative Auditor or State Auditor (without a court order)
  • Victims’ rights: a victim can request the court to order opening a record if it’s substantially related to the matter before the court.
  • Prosecutors may request and the court shall provide certified records of conviction for expunged records in certain cases; the subject may also request records.
  • Agencies must maintain access controls and notify relevant parties that a record has been sealed.
  • Records opened or exchanged remain subject to the original expungement order and must be stored to limit use to the stated purpose.
  • Defines “criminal justice agency” as a court or government entity that administers criminal justice.
  • These expungement-access provisions apply to orders effective on or after January 1, 2015 and grants of expungement relief issued on or after January 1, 2025.

Significant Changes to Existing Law

• Adds explicit permission for the Legislative Auditor and State Auditor to use expunged records in hiring decisions.
• Creates a broad framework for when expunged records can be opened or shared between agencies without a court order, and when a court order is required.
• Clarifies that expunged records can be used in certain employment evaluations, but preserves many protections for specific licensed professions and regulated roles.
• Provides victim and prosecutorial access pathways in limited circumstances.
• Aligns expungement processes with certain background-check requirements once expungement relief is granted after 2025.

Potential Implications

• For applicants with expunged convictions, there may be more scrutiny in state-level hiring for certain positions, especially those involving public trust or direct interaction with the public.
• Professionals in many licensed fields retain protections against expunged-record access, limiting the bill’s reach in those areas.
• State agencies gain clearer rules about when they can access expunged records, which could affect investigations, sentencing, or administrative proceedings.
• Privacy and civil-liberties concerns may arise because expunged records could influence hiring decisions in more contexts than before.

Implementation Considerations

• Agencies must carefully follow the exemptions and access rules to avoid improperly using expunged records.
• courts and prosecutors may need processes to handle expedited orders or requests related to expunged records.
• Clear communication with applicants about when expunged records may affect hiring decisions will be important.

Relevant Terms expunged records expungement order expunged conviction Legislative Auditor State Auditor hiring decisions disqualify background check criminal history criminal justice agency DNA samples DNA records Bureau of Criminal Apprehension Professional Educator Licensing and Standards Board background study 245C court order ex parte court order victim rights acquittal dismissal for lack of probable cause investigation sentencing probation record sharing exemption notwithstanding licenses and licensing processes premises of background investigations public trust privacy concerns