People with mistaken arrests or check convictions could clear records

A person may ask a magistrates court to expunge arrest records and multiple convictions for misdemeanor check fraud. The convictions must have occurred in magistrates court within a three-year period and may not include a felony. The person must wait ten years after the last conviction. The person must have no other convictions during those ten years. Full restitution must be paid for every check involved. A person may use this process only once, although using the separate first-offense process does not prevent use of this process. The person may apply after ten years from the date of the last qualifying conviction.

The responsible law enforcement or prosecution agency must destroy arrest records made because of mistaken identity and may not charge a fee for doing so. The rule covers a person arrested because of mistaken identity; the agency must use a review process for related arrests where no charges were filed. The agency must act after an investigation reveals the mistaken identity. The agency must retain the arrest and booking record, related bench warrants, photographs, and fingerprints under seal for three years and 120 days. The agency may keep the information sealed longer for ongoing or future investigations, prosecutions, hearings, or legal defense. Sealed information is not public and may be released only by court order. Destruction must occur no later than 180 days after the investigation reveals the mistaken identity.