The Senate Corrections and Criminal Law Committee heard SB 287 on expungement. Author Sen. Young introduced the bill explaining that the expungement statute has been in place for three years and additional adjustments to the law are needed. The bill:
- authorizes the expungement of charges when an arrest did not occur and allegations of juvenile delinquency;
- clarifies that if the prosecutor fails to timely respond within 30 days to the petition, any objection to the petition is waived;
- authorizes the expungement of pre-1977 convictions;
- resolves a conflict between federal and state law by clarifying that expungement does not restore the right to possesses a firearm otherwise prohibited under federal law;
- specifies that the records of expungement proceedings become confidential when the court grants the expungement petition;
- specifies that there is no filing fee for expungement petitions;
- specifies additional petition requirements; and
- specifies requirements for redacting or sealing expunged information.
The Clerks Association testified expressing concern about the burden of processing expungement petitions without a filing fee. The bill passed 5-2.
Read the bill at https://iga.in.gov/legislative/2015/bills/senate/287.