The Senate Corrections and Criminal Law Committee heard SB 182 on court procedures authored by Sen. Freeman.This billprovides that the Bureau of Motor Vehicles (BMV) may not suspend a person’s driving privileges for being a habitual traffic offender if the court does not transmit a qualifying conviction to the BMV within 30 days after sentencing. The bill specifies that an arrest, criminal charge, or juvenile delinquency allegation that results in an adjudication for an infraction does not result in a conviction for purposes of expungement. The bill authorizes a person participating in a pretrial diversion program to file a petition for expungement with the authorization of the prosecuting attorney. The bill requires a court to automatically issue an expungement order if: (1) all pending criminal charges against a person are dismissed; (2) the person is acquitted; or (3) the person is arrested, and no charges have been filed within 60 days.
The bill was amended by consent to remove the portion that provides the BMV may not suspend a person’s driving privileges for being a habitual traffic offender if the court does not transmit a qualifying conviction to the BMV within 30 days after sentencing. The amendment further provides for automatic expungement in cases of juvenile non-prosecution and a vacated conviction or true finding. The amendment also changes 60 days to 180 days for purposes of the automatic expungement of uncharged arrests provision.
The Indiana Public Defender Council testified in support of the bill. The amended bill passed 9-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/182