Section 100K: Expungement of record resulting from false identification, an offense no longer a crime at time of expungement, error or fraud

249 words·~1 min read·/ma/part-iv/title-ii/chapter-276/100k

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Section 100K.

(a)Notwithstanding the requirements of section 100I and section 100J, a court may order the expungement of a record created as a result of criminal court appearance, juvenile court appearance or dispositions if the court determines based on clear and convincing evidence that the record was created as a result of:

(1)false identification of the petitioner or the unauthorized use or theft of the petitioner's identity;

(2)an offense at the time of the creation of the record which at the time of expungement is no longer a crime, except in cases where the elements of the original criminal offense continue to be a crime under a different designation.

(3)demonstrable errors by law enforcement;

(4)demonstrable errors by civilian or expert witnesses;

(5)demonstrable errors by court employees; or

(6)demonstrable fraud perpetrated upon the court.

(b)The court shall have the discretion to order an expungement pursuant to this section based on what is in the best interests of justice. Prior to entering an order of expungement pursuant to this section, the court shall hold a hearing if requested by the petitioner or the district attorney. Upon an order of expungement, the court shall enter written findings of fact.

(c)The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.