Expunge Arrest Records Based On Mistaken Identity

The act requires a law enforcement agency to file a petition to expunge the arrest record of a person who is arrested as a result of mistaken identity with no charges filed. The law enforcement agency shall file the petition with the district court in the judicial district where the person was arrested within 90 days after determining that the person was arrested based on mistaken identity. The court shall enter an order of expungement within 90 days after receiving the petition. The act prohibits employers, educational institutions, state and local government agencies, officials, and employees from, in any application or interview or in any other way, requiring an applicant to disclose information contained in expunged records.

(Note: This summary applies to this bill as enacted.)