Criminal Justice

Permits the expungement of records 5 years after the imposition of sentence for misdemeanors and 10 years after the imposition of sentence for felonies, and if the sentence is greater than 10 years, then, upon successful completion of the sentence.

Makes persons convicted of petty misdemeanors and convicted of simple possession of controlled substances, eligible to have their records expunged three years after completion of their sentence.

SB 2602 amends Section 12-10-12 to expand eligibility for placing misdemeanor criminal complaints "on file" in district courts. It allows defendants previously convicted of a felony or facing a private complaint to qualify for this process, which avoids formal prosecution. Key provisions require defendants to maintain good behavior, pay court fees, and meet restitution conditions; violations may lead to case revival or sanctions. For domestic violence cases, complaints automatically expire after three years without new charges, leading to expungement without a court motion. This directly affects misdemeanor defendants with prior felony records, offering a path to avoid criminal convictions under specific conditions.

Removes the mandatory certification for an individual 16 years or older who was found delinquent for having committed 2 offenses after the age of 16 which would render the person subject to an indictment if the person was an adult.

Establishes the commercial sex buyer’s accountability program which consists of an instructional program on prostitution and human trafficking schemes.