Find Bill
Find Your Legislator
Legislative Deadlines
April 30, 2024
RSS Feed Permanent URL -A +A

Minutes for HB2575 - Committee on Judiciary

Short Title

Requiring certain records to be automatically expunged from a person's criminal record.

Minutes Content for Mon, Feb 7, 2022

Chairperson Patton opened the hearing on HB2575. Natalie Scott provided an overview of the bill. Ms. Scott stood for questions. (Attachment 17)

Proponent

Mark A. Dupree Sr. explained that we should be giving individuals an opportunity to look forward, that they have paid their debt to society with incarceration. As Wyandotte County District Attorney he has implemented and expungement program for people who have been convicted in Wyandotte County. Since then, over 400 people have contacted his office about getting an expungement. The people who call his office wanting expungements are hoping to achieve better housing, better employment, better stability in their lives. He feels that is exactly what automated expungement would do for Kansans: make it easier to take the next step towards becoming productive members of Wyandotte County and the State of Kansas. Mr. Dupree explained how he saw automatic expungement working and asked the membership for their support of HB2575 Mr. Dupree stood for questions. (Attachment 18)

Jermaine Wilson gave his compelling testimony in support of HB2575. Mr. Wilson began his testimony by explaining he had spent 7 years of his life incarcerated. During that time, he took advantage of all the educational opportunities that were offered to him. He also explained his difficulty upon being released getting employment with a criminal record. After years of working to get his record expunged, he went on to run for a political office and is currently serving as Mayor Pro Temp of Leavenworth. He asked the membership for support of HB2575 to allow others to take advantage of all that our society offers and move forward with their lives.  Mr. Wilson stood for questions. (Attachment 19)

John Jenks stated the Kansas City Chamber believes that there is a large untapped pool of workers that are individuals with a criminal record. Criminal justice reform initiatives like this bill are a part of the solution to the workforce issue in Kansas and have begun to bear fruits of hard work; however, these initiatives will not realize their full potential if individuals continue to have a hard time getting jobs due to a record. The KC Chamber supports the HB2575 and looks forward to working with the various stakeholders on this important issue. Mr. Jenks stood for questions. (Attachment 20)

Marilyn Harp stated this bill is about creating a way for persons who are charged, but not convicted of a crime, the opportunity to have those records sealed from public view. This is a very modest bill. It creates the opportunity for those who are charged with a crime, but had the case disposed of by a finding of not guilty or a decision by the prosecutor to dismiss all charges. This bill will seal those records from public view. It is unclear, currently, how people get those records sealed, since the law doesn't set at which those people are eligible for expungement. Ms. Harp stood for questions. (Attachment 21)

Ross Henry Stewart explained as a practicing lawyer in Kansas who handles expungements. Mr. Stewart fully supports HB2575, which would automate certain expungements of criminal cases. he explained this bill will streamline and aid countless people in moving on with their lives who have either completed their cases with a dismissal, a not guilty verdict, or a diversion. Access to justice, and the ability to clean one’s record, shouldn’t be predicated upon affording it. Further, this will assist individuals in moving on with their lives after their cases are long over, and will provide them with better access to jobs, loans, schooling, rental homes or apartments, and more. The chance to move on from the past and into the future is often why people contact my practice seeking an expungement. Mr. Stewart stood for questions. (Attachment 22)

Aileen Berquist stated the American Civil Liberties Union of Kansas strongly supports HB2575, requiring criminal records to be automatically expunged in cases of acquittal or dismissal. She said a criminal record of any kind impacts your life long after charges are dismissed. These impacts, outlined in her written testimony, constrains an individual’s ability to fully engage in our society, undermining our countries strongly held constitutional value of liberty. Ms. Berquist explains in her written testimony all the ways she saw individuals and society could benefit from this bill. Ms. Berquist stood for questions. (Attachment 23)

Written Proponent

Neutral

Marisa Bayless stated the judicial branch does not take a position on the policy aspects of this bill but would ask the committee to consider two potential amendments to the bill. The first proposed change is on page 2, line 19. They discussed this bill with their appellate clerks, and they requested clarifying the language on the requirement that the Kansas Bureau of Investigation (KBI) “shall notify” regarding the expungement. The second proposed change is on page 4, line 2 (subsection d). This section would require the appellate court to seal its case file and also direct that the version of the appellate opinion on the court’s website be modified to avoid use of the defendant’s name in the case title and the body of the opinion. Ms. Bayless thanked the membership for their work and stood for questions. (Attachment 32)

Neutral Written

Laura Nordgren, Staff Attorney, Kansas Judicial Council (Attachment 33)

Opponent

Darrin Devinney representing the Kansas County & District Attorney's Association (KCDAA) stated HB2575 continues to place a burden on the district and county attorney’s offices across the state by requiring them to notify law enforcement agencies and victims in cases in which an automatic expungement does not occur and a petition is filed by the defendant. It is the KCDAA position that any additional workload created by such a measure should still be borne by the petitioning party and not by our members across the state that are already underfunded, understaffed, and overburdened. He went on to explain their membership is in full support of those persons who are arrested and/or charged with criminal cases and later acquitted, or whom have their cases dismissed due to their innocence, being able to have those records expunged so they do not create issues for them in the future. Mr. Devinney stood for questions. (Attachment 34)

Chairperson Patton asked Representative Wheeler and Representative Curtis to work with conferees on the variety of issues and possible amendments that were discussed during the hearing.

Chairperson Patton closed the hearing on HB2575.

Chairperson Patton adjourned the meeting at 5:15 pm.