Bill No.: SF0088                     Drafter:  LGC

LSO No.:   11LSO-0053                 Effective Date:  7/1/2011

Enrolled Act No.:    SEA0046

Chapter No.:         69

Prime Sponsor:       Senator Burns

Catch Title:         Expungement of certain felonies.

Summary/Major Elements:

· This act provides a process for expungement of felonies by the convicting court if at least ten years have passed since the expiration of the terms of the sentence, the completion of any program ordered by the court and any restitution ordered by the court has been paid in full.

· Expungement under this act may not be allowed if:

· The person has previously pleaded guilty or nolo contendre or been convicted of a felony;

· The felony to be expunged is a violent felony or involved the use of a firearm;

· The felony was punishable under W.S. 6-1-104(a)(xii), 6-2-106(b), 6-2-108, 6-2-301 through 6-2-320, 6-2-501(f), 6-2-503, 6-2-508(b), 6-3-111, 6-4-103, 6-4-303(b)(i) through (iii), 6-4-402(b), 6-4-405, 6-5-102, 6-5-204(b) or (c), 6-5-206, 6-5-207, 6-5-301, 6-8-101 through 6-8-103, 7-19-302(g) through (j), 31-5-233, 35-7-1031(a) through (c) or 35-7-1036.

· The process prescribed by this act requires a filing fee of $300, notification of victims and a filing of objection or recommendation by the prosecuting attorney.  A court shall enter an order of expungement if the petitioner is found to be eligible for relief and the court finds that the petitioner does not represent a substantial danger to himself, any identifiable victim or society.

· This act provides that the division of criminal investigation and any prosecuting attorney are immune from liability for actions taken in relation to a petition.

· Expungement under this act is limited to once in a person's lifetime.