Indiana’s expungement law is one of the strictest in the country.
The current law only allows for the expungement of a record if a person was arrested, but no charges were filed in court. The law does not currently allow for expungement of a felony or misdemeanor conviction.
Representative Jud McMillin believes change is on the way, and he is a key player in bringing said change about. Representative McMillin recently authored and introduced House Bill 1482, which will finally allow expungement of convictions in Indiana for some misdemeanor and nonviolent felony convictions after an individual undergoes a ten-year period without reoffending. The proposed legislation passed in the House with an 82-17 vote on February 5, 2013 after several days of testimony from panel members and church officials. The Bill is now in the hands of the Senate and is awaiting decision. On March 20, 2013, the Senate Judiciary Committee heard testimony regarding the benefits of the Bill, but has postponed the vote to consider additional amendments.
The proposed Bill would not allow for sexual offenses and felonies causing harm to be expunged. The intent of the Bill is to allow individuals convicted of felonies or misdemeanors an opportunity to become productive members of society.
Representative Eberhart has raised concerns during the House debates specifically that the Bill favors the offender and not the victim or potential victims.
Furthermore, he believes that if the bill passed, business owners would not have the knowledge necessary to make informed decisions regarding the hiring of an individual with an expunged criminal history.
Conversely, Representative McMillin and other Republican Representatives feel that these individuals have made an effort to leave the past behind them, and many individuals have families for whom they must provide. State Representatives Eric Turner and Matt Ubelhor expressed their support for the Bill because they have experienced firsthand having to turn away talented and remarkable individuals during the hiring process because of past convictions. Passage of House Bill 1482 will allow individuals with a criminal history the opportunity to move forward with their lives.
Written by Record Clearing
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I think that this was long time coming and stands to show a postive move on are Judicial Systems purpose. Which I believe is to implied order created thru laws and believes. Its job should reflects the process set forth of holding individuals accountable of wrong doing and to hold them to their actions. Only the Judicial System should be allowed to past judgment, to handed out a punishment that fits the crime committed, and to reform said person to becoming a productive member of the community. And if the person stay true to asking for forgiveness and stay true to correcting themselves they should be allowed to not be restricted in doing so. This bill will give a person a chance to feel they pay their debt to the law and would just like to be able to put it to rest. In fact just to want to show change!!!!
Does this require an attorney? Are there forms on Indiana web site to fill out and is a person able to do this themselves? Please advise. Thanks for your time an consideration.
Hi Connie… no criminal procedure requires an attorney. Though it may be easier and less stressful to have one, it is not required. If you have more time than money, it may be worth trying to do on your own. It is a new law, so court prepared forms might not be out for a little while. The public defender might also be able to help you with your expungement if you meet low-income requirements.