Expungement of police and court records; nolleprosequi taken or acquittal. Provides that a court that takesa nolle prosequi or enters a judgment acquitting a person of a criminalcharge shall, upon motion of the person, enter an order requiringthe expungement of the police and court records relating to the charge.Currently, such a person may file a separate petition for the expungementof such records; however, except in certain cases involving misdemeanorcharges, the person is not entitled to an order of expungement, andthe court hearing the petition must find that the continued existenceand possible dissemination of such records causes or may cause circumstancesthat constitute a manifest injustice to such person before such anorder will be entered.
Del. Sam Rasoul
Sponsored bills
Constitutional amendment (first resolution);real property tax exemption; affordable housing. Provides thatthe General Assembly may authorize a locality to fully or partiallyexempt affordable housing, as such term may be defined by statute,from real property taxation.
Elections; voter-nominated open primary elections;ranked choice voting for certain elections. Establishes a voter-nominatedprimary election for the offices of Governor, Lieutenant Governor,and Attorney General and for the General Assembly and the UnitedStates Senate and House of Representatives. A voter-nominated primaryelection is an election held for the purpose of selecting candidatesto be on the ballot at a general election. All candidates, regardlessof political party affiliation, are on a single ballot. The fourcandidates receiving the highest numbers of votes are the candidatesfor that office at the general election. The bill provides that ageneral or special election for such offices is conducted by rankedchoice voting. Ranked choice voting is the method of casting andtabulating votes in which (i) voters rank candidates in order of preference, (ii) tabulation proceeds in sequential rounds in whichlast-place candidates are defeated, and (iii) the candidate withthe most votes in the final round is elected.
Petition for vacatur and expungement of convictionsand police and court records of victims of human trafficking.Allows any person who was a victim of human trafficking at the timeof an offense that led to a criminal charge or conviction of certaincrimes to petition the court to vacate such conviction and expungethe police and court records related to such conviction or to expungethe police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participationin an offense was a result of having been a victim of human traffickingif there is official documentation, defined in the bill, of the petitioner'sstatus as a victim of human trafficking at the time of the offense.
Expungement of police and court records; misdemeanorand nonviolent felony convictions. Allows a person convictedof a misdemeanor or nonviolent felony to file a petition requestingexpungement of the police and court records relating to the convictionif such person (i) has been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such convictionfor at least ten years; (ii) has no prior or subsequent convictionsother than traffic infractions; and (iii) has no pending criminalproceeding.
Expungement of police and court records; misdemeanor convictions. Allows a person convicted of a misdemeanor to filea petition requesting expungement of the police and court recordsrelating to the conviction if (i) such person has been free from any term of incarceration, probation, and postrelease supervisionimposed as a result of such conviction for at least two years and (ii) such person has no pending criminal proceeding. The bill alsorequires the court to grant such petition for expungement of policeand court records if such petition is for a misdemeanor arrest, charge,or conviction. Currently, except in certain cases, the person isnot entitled to an order of expungement, and the court hearing thepetition must find that the continued existence and possible disseminationof such records causes or may cause circumstances that constitutea manifest injustice to such person before such an order will beentered.
Expungement of police and court records.Provides that a court that enters a nolle prosequi for a criminalcharge or dismisses such charge for any reason may, upon motion ofthe person charged, enter an order requiring the expungement of thepolice and court records relating to the charge.
Constitutional amendment (first resolution);qualifications of voters; 16-year-olds permitted to vote. Providesthat, notwithstanding the requirement that a voter shall be 18 yearsof age, any person who is 16 years of age or older and is otherwisequalified to vote shall be permitted to register to vote and to votein local elections.
Memorializing Congress; Glass-Steagall Act;infrastructure bank. Urges the Congress of the United Statesto reinstate the Glass-Steagall Act and develop an infrastructurebank.
Department of Motor Vehicles; issuance of certain documents; citizenship requirement. Removes the citizenship and legal presence requirements for obtaining a driver's license or special identification card. The bill requires the Department of Motor Vehicles to cancel any (i) REAL ID-compliant driver's license or special identification card and (ii) commercial driver's license or commercial learner's permit if the Department is notified by a federal agency that the individual to whom such document was issued is not in compliance with the citizenship and lawful residency requirements for such license, card, or permit. The bill has a delayed effective date of October 2, 2020, and contains technical amendments. This bill was incorporated into SB 34.