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Legislative Update

Court procedures

March 25, 2022 Filed Under: Criminal

S.E.A. 182, P.L. 14

Effective: July 1, 2022

  • 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.
  • Authorizes a person participating in a pretrial diversion program to file a petition for expungement with the authorization of the prosecuting attorney.
  • Requires a court to automatically issue an expungement order, subject to certain exceptions, if: (1) all pending charges or allegations against a person are dismissed; (2) the person is acquitted or the conviction or true finding is vacated; (3) one year has passed since allegations were filed against a juvenile and the state is not pursuing the case; or (4) the person is arrested for a crime and no charges have been filed within 180 days. 

Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/182

Filed Under: Criminal Tagged With: expungement, pretrial diversion

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