LRB-0902/1
CMH&MIM:amn&cdc
2021 - 2022 LEGISLATURE
2021 Assembly BILL 69
February 18, 2021 - Introduced by Representatives Steffen, Tittl, Goyke, Allen,
Anderson, Andraca, Baldeh, Born, Bowen, Brooks, Brostoff, Cabrera,
Considine, Doyle, Drake, Edming, Emerson, Gundrum, Haywood, Hebl,
Kerkman, Krug, Loudenbeck, Macco, B. Meyers, Milroy, Moses, Mursau, L.
Myers
, Neubauer, Ohnstad, Ortiz-Velez, Petryk, Pope, S. Rodriguez,
Rozar, Schraa, Shankland, Shelton, Skowronski, Snodgrass, Snyder,
Sortwell, Spreitzer, Subeck, Thiesfeldt, Vining and Zimmerman,
cosponsored by Senators Darling, Roys, Bernier, Carpenter, Felzkowski,
Feyen, Johnson, Larson, Ringhand, L. Taylor, Testin, Wanggaard and
Wimberger. Referred to Committee on Criminal Justice and Public Safety.
AB69,1,7 1An Act to renumber 111.335 (3) (a); to renumber and amend 973.015 (1m) (a)
21.; to amend 111.335 (4) (b), 111.335 (4) (c) 1. (intro.), 111.335 (4) (e), 111.335
3(4) (f) 1., 950.04 (1v) (g), 973.015 (1m) (b) and 973.25 (1) (a); and to create
4111.335 (3) (ag), 111.335 (3) (g), 973.015 (1b), 973.015 (1m) (a) 1. a. and b.,
5973.015 (1m) (a) 3. c. and d. and 4., 973.015 (1m) (c) and 973.015 (4) of the
6statutes; relating to: expungement of records of certain crimes and
7discrimination based on expunged conviction.
Analysis by the Legislative Reference Bureau
Under current law, a court may order a person's criminal record expunged of a
crime if all of the following apply: 1) the maximum term of imprisonment for the
crime is six years or less (Class H felony and below); 2) the person committed the
crime before the age of 25; 3) the person had not been previously convicted of a felony;
and 4) the crime was not a violent felony. Current law specifies that the
expungement order must be made only at sentencing and then the record is
expunged when the person completes his or her sentence.
This bill removes the condition that the person committed the crime before the
age of 25 (the bill retains the requirements that the crime be no greater than a Class
H felony, the person had no previous felony convictions, and the crime was not a
violent felony) and makes certain traffic crimes ineligible for expungement. This bill

also provides that, if the sentencing court did not order the record expunged, the
person may file a petition with the sentencing court after he or she completes his or
her sentence. Upon receipt of the petition, the court must review the petition and
then may order the record expunged or may deny the petition. If the court denies the
petition, the person may not file another petition for two years, the person must pay
a $100 fee to the county for the second petition, and no person may file more than two
petitions per crime. Finally, this bill limits a person to one expungement. The
changes described in this paragraph retroactively apply to persons who were
convicted of a crime before this bill takes effect.
This bill also allows the sentencing court to order that a person's record not be
eligible for expungement. This bill provides that, if a record is expunged of a crime,
that crime is not considered a conviction for employment purposes and specifies that
employment discrimination because of a conviction record includes requesting a
person to supply information regarding a crime if the record has been expunged of
the crime.
Finally, the bill provides that it is not employment discrimination because of
conviction record for the Law Enforcement Standards Board to consider a conviction
that has been expunged with respect to applying any standard or requirement for the
certification, decertification, or required training of law enforcement officers, tribal
law enforcement officers, jail officers, and juvenile detention officers.