The Senate Judiciary Committee heard HB 1302 on expungement sponsored by Sen. Steele and Sen. Taylor. Author Rep. McMillin explained the bill and his amendments as: (1) authorizing the expungement of charges when an arrest did not occur or allegations of juvenile delinquency did not lead to a delinquency adjudication; (2) specifying that the records of expungement proceedings become confidential when the court grants the expungement petition; (3) specifying a standard filing fee for expungement petitions; (4) specifying additional petition requirements requested by the Indiana State Police; and (5) clarifying that a subsequent petition is allowed if the initial petition was denied pursuant to judicial discretion. An amendment was adopted by consent prohibiting second time violent felons from obtaining an expungement. Another amendment was adopted by consent requiring the prosecutor to explain any objections to the petition. The Prosecuting Attorney’s Council testified to concerns with the second amendment. The Public Defenders Council testified in support of the bill but expressed concern that offenders with two weapons convictions would be prohibited from obtaining an expungement. The amended bill passed 7-2.
Read the bill at http://iga.in.gov/legislative/2015/house/1302.