Expungements

The Senate Committee on Corrections and Criminal Law heard Sen. Freeman’s SB 235 providing for the expungements of civil forfeiture cases and civil protection orders.  This bill allows a person to expunge all records related to a person’s expunged conviction.  The bill also provides that the court shall order the central repository for criminal history information maintained by the state police department to seal a person’s expunged records for a misdemeanor or class D felony and Level 6 felony conviction including information related to an arrest or offense in which no conviction was entered and that was committed as part of the same episode of criminal conduct as the case ordered expunged. The bill further provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony and establishes a method for a person to expunge a protection order. Sen. Freeman intended the bill to clarify that dismissed counts are included in an expungement of the lead count as at least one agency was declining to expunge dismissed counts.

A representative from the Indiana Coalition Against Domestic Violence testified in opposition to the protection order portion of the bill.  The bill passed 9-0.

Read the bill here: http://iga.in.gov/legislative/2019/bills/senate/235