by bluecanary25 » Thu May 14, 2009 3:09 pm
Sorry to revive an older post, but I thought this may be of interest.
It may be relavant to some denials from TICS.
HB1277 passed in the House today, BTW.
This is c/p :
Bill Summary for:, HB 1277/*SB 1113, 5/14/2009
Under present law, all public records of a person who was charged with a misdemeanor or a felony must, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person, if:
(1) The charge was dismissed;
(2) A no true bill was returned by a grand jury;
(3) A verdict of not guilty was returned; or
(4) The person was arrested and released without being charged.
This bill changes present law by requiring, in any case where a verdict of not guilty is returned, that the judge order that the public records of the person found not guilty be automatically removed and destroyed without cost to the person and without requiring the person to petition for the destruction of the records.
ON MAY 14, 2009, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1277, AS AMENDED.
AMENDMENT #1 revises this bill so that upon a verdict of not guilty being returned, whether by a judge following a bench trial or by a jury, on all charges for which the defendant was accused, the judge must inquire of the person acquitted whether such person requests that all public records associated with the charges for which such person was acquitted be removed and destroyed without cost to the person and without the requirement that the person petition for destruction of such records. If the person requests that the public records related to such charges be removed and destroyed, the court will so order. If the person acquitted does not request that such records be destroyed at the time the judge inquires pursuant to this amendment, but subsequently requests that such records be destroyed, the person will be required to follow the petition procedure set out in present law.
******
George
edit: to give some reason why I put this out.
(not reel brite and not always rite)