Current through Bulletin 2024-06, March 15, 2024
(1) Automatic
expungement after one year includes allegation types with a finding of without
merit that will be automatically be expunged if one year has passed since the
CPS case closure date with no subsequent report involving the same alleged
perpetrator.
(2) Allegation types
unsubstantiated or found to be without merit by the juvenile court will be
automatically expunged if:
(a) five years
have passed since the CPS case closure date with no subsequent report involving
the same alleged perpetrator; and
(b) allegations of dependency and educational
neglect with a finding of unsupported or supported will be automatically
expunged after five years if:
(i) the
original CPS case did not result in an ongoing case or removal due to the
allegations involving the alleged perpetrator or the perpetrator; and
(ii) five years have passed since the CPS
case closure date with no subsequent CPS case, including unaccepted referrals,
involving allegations against the alleged perpetrator or perpetrator.
(3) After five years
have passed since the CPS case closure date, an individual may request an
expungement on the following unsupported general findings:
(a) child endangerment;
(b) dealing in material harmful to a
child;
(c) dental
neglect;
(d) dependency;
(e) domestic violence related child
abuse;
(f) educational
neglect;
(g) emotional
abuse;
(h) emotional
maltreatment;
(i) environmental
neglect;
(j) failure to
protect;
(k) failure to
thrive;
(l) juvenile perpetrator of
sexual or physical abuse;
(m)
medical neglect;
(n) Munchhausen
syndrome by proxy;
(o)
non-supervision;
(p) pediatric
condition falsification;
(q)
physical abuse;
(r) physical
health;
(s) physical
neglect;
(t) psychological
neglect;
(u) sibling or child at
risk; and
(v) unknown.
(4) The expungement upon request
after five years will only be approved if:
(a)
the original CPS case did not result in an ongoing case or removal due to the
allegations involving the alleged perpetrator;
(b) at least five years have passed since the
case closure date with no subsequent CPS case, including unaccepted referrals
in the last five years, involving allegations against the same alleged
perpetrator; and
(c) there was no
criminal conviction for the same incident.
(5) After ten years have passed since the CPS
case closure date, the perpetrator may request an expungement on the following
supported general findings:
(a) child
endangerment;
(b) dealing in
material harmful to a child;
(c)
dental neglect;
(d)
dependency;
(e) domestic violence
related child abuse;
(f)
educational neglect;
(g) emotional
abuse;
(h) emotional
maltreatment;
(i) environmental
neglect;
(j) failure to
protect;
(k) failure to
thrive;
(l) fetal exposure to
alcohol or other harmful substances;
(m) juvenile perpetrator non-significant risk
of sexual or physical abuse;
(n)
medical neglect;
(o) Munchhausen
syndrome by proxy;
(p)
non-supervision;
(q) pediatric
condition falsification;
(r)
physical abuse;
(s) physical
health;
(t) physical
neglect;
(u) psychological
neglect;
(v) sibling or child at
risk; and
(w) unknown.
(6) The expungement upon request
after ten years will only be approved if:
(a)
the original CPS case did not result in an ongoing case or removal due to
allegations involving the same perpetrator;
(b) at least ten years have passed since the
CPS case closure date with no subsequent CPS case, including unaccepted
referrals in the last five years, involving allegations against the same
perpetrator; and
(c) there was no
criminal conviction for the same incident.
(7) The following supported or unsupported
allegations designated as chronic or severe or there was a criminal conviction
for the same incident are never eligible for expungement:
(a) abandonment;
(b) baby doe;
(c) child endangerment;
(d) chronic abuse;
(e) chronic neglect;
(f) court ordered;
(g) dealing in material harmful to a
child;
(h) dependency;
(i) domestic violence related child
abuse;
(j) educational
neglect;
(k) emotional
abuse;
(l) environmental
neglect;
(m) failure to
protect;
(n) failure to
thrive;
(o) fetal addiction to
alcohol or other substance;
(p)
fetal exposure to alcohol or other harmful substances;
(q) juvenile perpetrator - significant risk
of sexual or severe physical abuse;
(r) labor trafficking;
(s) lewdness;
(t) medical neglect;
(u) medical neglect resulting in death,
disability, or serious illness;
(v)
non-supervision;
(w) pediatric
condition falsification;
(x)
physical abuse;
(y) physical
neglect;
(w) ritual
abuse;
(x) safe relinquishment of a
newborn;
(y) severe
abuse;
(z) severe
neglect;
(aa) sexual
abuse;
(bb) sexual
exploitation;
(cc) sexual
trafficking; and
(dd) sibling or
child at risk.
(8) Any
allegations with the following findings are never eligible for expungement:
(a) false report;
(b) unable to locate;
(c) unable to complete; and
(d) substantiated by the juvenile
court.
