Legislature(2005 - 2006)CAPITOL 106
03/17/2005 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB36 | |
| HB178 | |
| HB12 | |
| HB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 178 | TELECONFERENCED | |
| += | HB 12 | TELECONFERENCED | |
| += | HB 34 | TELECONFERENCED | |
| *+ | HB 186 | TELECONFERENCED | |
| = | SB 36 | ||
HB 34-EXPUNGEMENT OF SET ASIDES 9:42:36 AM CHAIR SEATON announced that the next order of business was HOUSE BILL NO. 34, "An Act relating to the expungement of records relating to conviction set asides granted after suspended imposition of sentence." 9:42:49 AM REPRESENTATIVE BRUCE WEYHRAUCH, Alaska State Legislature, as sponsor, presented HB 34 to the committee. He explained that a court has the option to set aside a conviction following the defendant's successful completion of the conditions of his/her suspended sentence. However, under current law, that conviction will always be on the defendant's record. He commented, "There's no opportunity for a person to have their record expunged of a conviction; there's no opportunity to wipe the slate clean." He clarified that HB 34 would authorize the expungement of a record of a conviction that has been set aside following a suspended imposition of sentence. 9:48:09 AM REPRESENTATIVE WEYHRAUCH pointed out that some crimes are so heinous that it wouldn't be good public policy to give that individual the opportunity to have an expunged record. But in some case, he said, "I think it is appropriate to consider allowing an individual to have their record expunged or cleaned." 9:50:19 AM CHAIR SEATON commented that the committee had just received some of the bill background information. REPRESENTATIVE WEYHRAUCH replied that is his intention to get the bill introduced and he would consider a committee substitute or a sponsor substitute to address the committee's concerns. 9:50:58 AM CHAIR SEATON turned to a list in the committee packet titled, "Crimes Excluded from Set Aside Options," and asked Representative Weyhrauch if these crimes would not be expunged. REPRESENTATIVE WEYHRAUCH explained that those crimes are excluded from the set aside option and therefore would not be able to be expunged. Giving the example of a battered woman who finally kills her abuser, he commented that there may, however, be some instances in which an individual convicted of a crime on the list should have his/her record expunged. 9:53:22 AM CHAIR SEATON asked why 4th Degree Assault and Reckless Endangerment are omitted from the list. REPRESENTATIVE WEYHRAUCH replied that in some cases, individuals who committed these crimes should be eligible for expungement. 9:54:16 AM CHAIR SEATON asked why 1st Degree Custodial Interference is on the list, but 2nd Degree Custodial Interference is omitted. REPRESENTATIVE WEYHRAUCH replied, "I'm simply going off what the set aside statute allows, and then allowing those convictions that can be set aside and a suspended imposition imposed to then be allowed the class of convictions that can be expunged - to limit it to that. It's already under existing statute...." 9:55:08 AM REPRESENTATIVE LYNN asked for other examples of crimes to be available for expungement. REPRESENTATIVE WEYHRAUCH replied, "Teenage drinking, smoking marijuana. A lot of these are youthful offenses that show up on a person's record forever. Theft, [shoplifting]." He pointed out that these types of offenses can make it difficult for a person to get into college or a military academy, or to get a job. He noted that the only way a record can currently be expunged is through the President of the United States or the governor of the State of Alaska for a pardon or executive clemency. CHAIR SEATON suggested that it would be helpful for the committee to have more examples [of offenses to which this bill would apply] for the next hearing. 9:58:02 AM CHAIR SEATON announced that HB 34 was heard and held.
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