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Minutes for HB2556 - Committee on Judiciary
Short Title
Prohibiting denial of a petition for expungement due to the petitioner's inability to pay outstanding costs, fees, fines or restitution.
Minutes Content for Mon, Feb 7, 2022
Chairperson Patton explained that since two bills, HB2556 and HB2557 were the same, with the exception of HB2557 pertaining to juveniles, those individuals testifying for both bills could combine their testimony together at the podium. Natalie Scott provided an overview of both bills. Ms. Scott stood for questions. (Attachment 1) (Attachment 2)
Proponent for both HB2556 and HB2557
Ron Wurtz stated HB2556 has a goal of reducing financial hurdles and increasing access to expungements for indigent offenders, HB2556 amends the adult expungement statutes, K.S.A. 2021 Supp. 12-4516 (municipal court offense) and 21-6614 (district court offense) to: 1) allow the expungement waiting period to begin before the person has competed payment of costs, fees, fines, or restitution; 2) prohibit courts from denying an expungement due to the petitioner's inability to pay costs, fees, fines, or restitution; 3) require payment of costs, fines, fees, and restitution after expungement; and 4) allow certain people to access the expunged case file in order to facilitate the collection of outstanding costs, fees, fines, and restitution. Mr. Wurtz went on to say rather than allowing access to the expunged case file in its entirety, the Council's original proposal was to limit access to only documents and information pertaining to the collection of the outstanding costs, fees, fines, or restitution. However, during the hearing on SB105 in the Senate Judiciary Committee, the Office of Judicial Administration explained that its case management system could not be programed to only allow access to certain documents within a case file. Therefore, with the support of the Council, the Senate Judiciary Committee amended the bill to alleviate this concern. The amended language is what is in HB2556. Mr. Wurtz also testified in support of HB2557. This bill has differences because it deals with juveniles. It has a goal of reducing financial hurdles and increasing access to expungements for indigent offenders. He shared these specifics in his verbal and written testimony on HB2557. Mr. Wurtz went on explaining that HB2556 amends the adult expungement statutes, K.S.A. 2021 Supp. 12-4516 (municipal court offense) and 21-6614 (district court offense) to: 1) allow the expungement waiting period to begin before the person has completed payment of costs, fees, fines, or restitution; 2) prohibit courts from denying an expungement due to the petitioner's inability to pay costs, fees, fines, or restitution; 3) require payments of costs, fines, fees, and restitution after expungement; and 4) allow certain people to access the expunged case file in order to facilitate the collection of outstanding costs, fees, fines, and restitution. Mr. Wurtz asked that both bills be passed and stood for questions. (Attachment 3) (Attachment 4)
Marilyn Harp stated Kansas Legal Services speaks to many low-income people each year who are barred from expungement because they can't fully pay the fines and fees, yet they are barred from better employment by their convictions. An expungement could get them in a position of paying the fines and fees, which don't go away if the expungement is granted. Ms. Harp explained the expungement process for juvenile offenders should be restorative and simple. It is not. Although it makes juveniles eligible two years after conviction or at age 23, it places an automatic bar on any juvenile who has ever been convicted of any offense "since final discharge". This process has required many people to work backwards in order to get a juvenile offense expunged. Ms. Harp explained the language of both HB2556 and HB2557 allows expungement for adults and juveniles such that can position themselves in society to be responsible for their fees and fines. Ms. Harp stood for questions. (Attachment 5) (Attachment 6)
Michelle Y. Ewert expressed support for HB2556 and HB2557. She clarified to the committee that she was speaking as an attorney and not representing Washburn University. She explained she is currently an Associate Professor of Law at the Washburn University School of Law, where she supervises students in the Washburn Law Clinic. Her students and her provide free legal services to low-income Kansans who would not otherwise have access to counsel. People who have served their time and have shown a commitment to improving their lives should have the opportunity to expunge their criminal records. Everyone benefits when people can obtain better employment and housing and be more self-sufficient. She urged the passage of both bills. Ms. Ewert stood for questions. (Attachment 7) (Attachment 8)
Aileen Berquist explained poverty should not be a barrier to justice. Based on this premise, the ACLU of Kansas strongly supports both bills, prohibiting the denial of expungement due to inability to pay fines and fees. A criminal record seriously limits an individual's ability to engage in life fully and productively. Job opportunities, housing, loans, credit, and access to continuing education are all adversely impacted by the existence of a criminal record. Even an arrest without conviction has an impact. These records follow individuals well after they have served their time and turned over a new leaf. A criminal record limits their ability to engage in life fully and productively. Even an arrest without conviction has an impact. Though more protected than adult records, juvenile records can still show up on background checks, impacting employment and college admissions. This sets up a lifelong continuation of punishment after the official terms of their sentence have been completed. Consistent employment, access to education, secure housing; these are all critical factors to improve post-conviction success. Expungement is an opportunity to truly put their pasts behind them. Ms. Berquist asked for the committee's support of HB2556 and HB2557. (Attachment 9) (Attachment 10)
Neutral HB2556 only
John Goodyear explained Section 1 of the HB2556 amends the statute governing expungements in municipal court and prohibits the court from denying a petition for expungement because of a petitioner's inability to pay outstanding costs, fees, fines, or restitution. It is important for the members of the Kansas League of Municipalities (KLM) that upon expungement, the petitioner would still be responsible for fully satisfying any outstanding obligations and that the expunged case file would still be available to the parties that need access to collect these obligations. Further, the KLM supports the distinctions made between "inability to pay" and "unwillingness," still allowing the court to deny an expungement petition if the petitioner has the ability to pay but has chosen not to. His organization also would like to see additional clarification for the payment of these obligations when determining whether a person has satisfied their sentence. Where fines and fees are the only elements of the sentence, would the clock start on the day that the order was made? As the Committee takes up HB2556, the KLM respectfully asks that the method of demonstrating inability to pay and the timing of expungement petitions be considered before making a recommendation to the full House. (Attachment 11)
