Expungement issues

S.E.A. 47, P.L. 55
Effective: July 1, 2020; §9 on March 18, 2020

  • Defines “protection order records” and requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed).
  • Permits a person to expunge protection order records in connection with the denial of an ex parte petition for a protection order.
  • 9, provides that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor.
  • Providesthat, if a person whose records have been expunged seeks employment with a law enforcement agency or a probation or community corrections department, the law enforcement agency or the probation or community corrections department may: (1) inquire about the person’s expunged records; and (2) refuse to employ the person.
  • Specifies the procedure to expunge records of a collateral action entered in a different county than the county which issued the expungement order.

Read the bill at: http://iga.in.gov/legislative/2020/bills/senate/47