A measure allowing the court to seal an arrest record passes the Senate (audio)

Air Date:03/09/2010

By Jackelyn Severin

A measure allowing the record of a person’s arrest to be expunged passed the Senate. Under House Bill 1105, if you are arrested but not formally charged or your charges are cleared at trial you can apply to the court to have the record of that arrest sealed from public view. Senator Tom Nelson of Lead says this would apply only to misdemeanors.

Neslon says, "What this bill accomplishes is the arrest of a person who is not formally charged or who is  acquitted after trial will not continue to follow that person for the rest of their life and unfairly influence decisions by prospective employers, school administrators, police officers, etc."

Nelson says the arrest will still be on non-public records and available to judges, prosecuting attorneys and law enforcement. The bill passed by a vote of 35 to 1. Because it was amended from its original version members of the House must vote on the revised measure before it goes to the Governor.

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