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S 428

Fraudulent Check Expungement

2025-2026 Regular Session Introduced by Karl Allen and 2 co-sponsors

S 428 - Fraudulent Check Expungement OverviewBill Number: S 428 Title: Fraudulent Check Expungement Status: Committee report: Favorable with amendment Judiciary Introduced: Febr

Act No. 248
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Bill Summary · S 428

S 428 - Fraudulent Check Expungement

Overview

Bill Number: S 428
Title: Fraudulent Check Expungement
Status: Committee report: Favorable with amendment Judiciary
Introduced: February 05, 2025

Purpose and Intent

The primary goal of this bill is to establish a process for individuals to have certain fraudulent check convictions expunged from their criminal records. The legislation aims to provide relief and opportunity for those who have been convicted of check fraud-related offenses, recognizing that such convictions can create significant barriers to employment, housing, and other aspects of life long after the offense occurred.

Key Provisions

  • Allows individuals convicted of check fraud-related offenses to petition the court for expungement of their criminal record, provided certain criteria are met:
    • At least 5 years have passed since the completion of the sentence
    • The individual has not been convicted of any other crime during that time
    • The offense did not involve a loss exceeding $1,000
  • Establishes a streamlined expungement process, including:
    • Requirement for the court to hold a hearing and consider the petitioner's record and circumstances
    • Provision for the court to grant the expungement if it finds the petitioner has been rehabilitated and the expungement is in the interest of justice
    • Mandate for the court to seal and destroy all records related to the expunged conviction

Affected Parties and Impacts

This bill would primarily benefit individuals who have been convicted of check fraud-related offenses, particularly those whose convictions have created barriers to employment, housing, and other opportunities. By providing a pathway to expungement, the legislation aims to help these individuals reintegrate into society and overcome the long-term consequences of their past mistakes.

Additionally, the bill may have a positive impact on communities by reducing recidivism and enabling those with past convictions to become productive, contributing members of society.

Procedural and Timeline Considerations

The bill is currently in the Judiciary committee, where it has received a favorable report with an amendment. The next step would be for the bill to be considered by the full Senate. If passed by the Senate, it would then move to the House for consideration. The timeline for the bill's progression and potential enactment into law is uncertain at this stage.

Compiled from official sources — confirm details with the bill’s official record.

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