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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: July 2, 2018 04:01 PM
From: Representative Perry S. Warren
To: All House members
Subject: Accelerated Rehabilitative Disposition - Expungement
In the near future, I intend to introduce legislation that would delay expungement for individuals who receive Accelerated Rehabilitative Disposition (ARD) for an offense committed in the presence of a child under the age of 14.

My legislation was inspired by a parent who learned that a friend who was caring for her children was arrested and charged with an offense committed in the presence of the children. The defendant was offered and completed ARD, a pre-trial intervention program for nonviolent offenders. After successfully completing the program, the defendant’s record was expunged.

ARD plays a vital role in addressing lower-level, nonviolent criminal cases. This legislation would allow a defendant to participate in the ARD program, but it would impose a five-year waiting period before the record would be expunged when the offense was committed in the presence of a child under age 14. By maintaining the public record of the offense for the five year period, this legislation will give parents, potential childcare employers and others the opportunity to make an informed decision about whether a person should be responsible for a child’s care.

Please join me in sponsoring this important legislation.

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Introduced as HB2589