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Legislative Update

Expungements

April 5, 2019 Filed Under: Criminal

The House Courts and Criminal Code Committee heard SB 235, concerning criminal expungements and expungements of certain protection orders, sponsored by Rep. J. Young and Rep. Steuerwald. This bill requires the expungement of certain collateral actions to the criminal expungement order, including administrative proceedings, arrests and delinquency adjudications which are related to criminal charge which is being expunged.  The bill clarifies that records ordered expunged include arrests and criminal dismissals would be sealed.
The Committee adopted two amendments by consent – one which provides the need to get a court order to clean up older expungements, which occurred before this new law is effective, and another which requires the Indiana State Police or the agency which entered the criminal history into IDACS to remove the item from IDACS.
A representative from the Indiana Coalition Against Domestic Violence (ICADV) expressed concern about portions of the bill. The bill passed as amended 8-3.
Read the bill at http://iga.in.gov/legislative/2019/bills/senate/235

Filed Under: Criminal Tagged With: expungement

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