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Minutes for HB2028 - Committee on Judiciary

Short Title

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

Minutes Content for Wed, Jan 25, 2023

Chairperson Patton opened the hearing on HB2028. Natalie Scott provided an overview of the bill. (Attachment 1) Ms. Scott stood for questions.

Proponent

Marilyn Harp (Attachment 2) explained that she has for the past 40 years, working with low income people, trying to reduce the impacts of poverty on their lives. This bill will help with that bc having a criminal record available for public view impacts many of the thing that are preventing them from becoming self-sufficient individual who are capable of taking care of themselves and their families. Ms. Harp provides statistics supporting this fact in her written testimony. The research makes clear, the need for a simpler solution to public record clearing. This bill starts that process.

Lindsie Ford (Attachment 3) stated the people who will benefit from the passage of this HB2028 are people who want nothing more than to live their lives in peace. These are people who can be good parents and maintain stable families. They want to have a safe and comfortable place to build their lives. These are people who want to work. Passage of this bill would help them to meaningfully contribute to our state.

Ross Stewart (Attachment 4) explained part of his practice is handling expungements for individuals, some of which would be helped by the changes made in HB2028. This bill could cut down on some the work his practice does, and he welcomes the change. Mr Stewart said 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. Mr. Stewart urged the Committee to pass HB2028, which would automatically expunge certain records from a person’s criminal history record.

Adam Timmerman (Attachment 5) explained the Greater Kansas City Chamber of Commerce, representing approximately 2,000 members (40% of which are in Kansas) supports HB2028. which automatically expunges the records of individuals whose charges have been dismissed, or who have entered into a diversion agreement, or were found not guilty. The KC Chamber supports policies that encourage returning citizens and other justice-involved individuals to gain meaningful employment after serving his or her sentence. Mr. Timmerman highlighted the impact of not having auto expungement and how it is affecting the Kansas unemployment and hiring problem.

Todd Thompson (Attachment 6) stated the Kansas County District Attorney's Association and he appreciate and support defendants receiving expungements when no conviction occurred to help them move on with their lives and not continually be affected by their criminal history.

Mark Dupree (Attachment 7) explained unemployment is directly correlated with criminal recidivism, an expungement could be key to stopping the cycle we so often see in individuals that re-offend. A steady job often equals a more productive lifestyle. Automated expungement is aimed at tapping into that equation. Mr. Dupree stated HB2028 will make it easier for Kansans to regain productive and stable lives. By automatically expunging the dismissals, diversions, and not guilty findings of those offenders who qualify, this bill is not only helping those individuals, but helping the community as a whole.

Stacey Knoell (Attachment 8) explained not everyone has the resources or background knowledge to pursue a manual expungement of their records. That is why the most encouraging aspect of the bill is that for many, the expungement process would be automated. This is a chance for the system to take care of those impacted rather than placing the burden on the individuals.

Wesley McKain (Attachment 9) stated in his organization they see how the lack of employment impacts individuals ability to take care of their health. Because this bill helps people get a job, they support HB2028. Wyandotte County consistently ranks poorly in health outcomes in the state of Kansas and we believe HB2028 is one piece of the puzzle that will allow us to improve health outcomes for some of the most vulnerable people in our county. Access to well paying jobs is so critical to health! Yet these benefits extend well beyond Wyandotte County, and will help individuals in similar circumstances across Kansas.

All of the proponents stood for questions from the committee membership.

Written Proponent

Neutral

Shawn Jurgensen (Attachment 11) stated the judicial branch appears neutral because it does not take a position on the policy underlying the bill. Instead, it asks the committee to consider extending the implementation date from July 1, 2023 to July 1, 2024. The bill requires district courts, 30 days after entering an order of acquittal or dismissal of criminal charges, to order the record of such charges and related arrest records expunged unless certain exceptions are met. The software developer will need additional time to complete the programming needed. A discussion has occurred with with the bill’s sponsor, Representative Curtis, and she considers this a friendly amendment. Mr. Jurgensen stood for question.

Written Neutral

Chairperson Patton closed the hearing on HB2028.