Criminal Records Confidentiality Act

Summary

This Act would make confidential criminal cases if the defendant is acquitted or charges are dismissed, as well as authorize certain persons to view these cases.

Model Policy

{Title, enacting clause, etc.}

Section 1. {Legislative Intent.}

It is the intent of the legislature that, to the extent practicable, the [insert state] hold confidential records of criminal cases that were disposed of before the effective date of this Act by acquittal of all charges, by dismissal of all charges, or by acquittal of some charges and dismissal of the remaining charges, to the same extent that records are held confidential under Section 2 of this Act.

Section 2. {Records concerning criminal cases resulting in acquittal or dismissal confidential.}

(A) A court record of a criminal case is confidential if 120 days have elapsed from the date of acquittal or dismissal; and

(1) The defendant was acquitted of all charges filed in the case;

(2) All criminal charges against the defendant in the case have been dismissed and were not dismissed as part of a plea agreement in another criminal case under (insert applicable state law); or

(3) The defendant was acquitted of some of the criminal charges in the case and the remaining charges were dismissed.

(B) Notwithstanding Subsection (A) of this Section, the following persons may have access to records made confidential under this Section:

(1) Employees of the [insert appropriate state agency here] who are responsible for the health, safety, welfare, or placement of a child, a person with a physical or intellectual disability, or a person with a mental illness;

(2) The public guardian under [insert applicable law] or a guardian ad litem supervised by the office of public advocacy;

(3) A person who is authorized to have access to the criminal justice information network maintained by the Department of Public Safety under [insert applicable law].

(C) The [insert appropriate state agency here] shall adopt regulations to administer Subsection (B)(1) of this Section.

Section 3. {Applicability.}

The provisions of Section 2 of this Act apply to criminal charges concluded on or after the effective date of this Act by dismissal or by acquittal of the defendant.

Section 4. {Severability Clause.}

Section 5. {Repealer Clause.}

Section 6. {Effective Date.}

Approved by the ALEC Board of Directors January 9, 2015.