S.E.A. 47, P.L. 55 Effective: July 1, 2020; §9 on March 18, 2020 Defines "protection order records" and requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed). Permits a person to expunge protection order records in connection with the … [Read more...] about Expungement issues
protective orders
Expungement issues
The House Courts and Criminal Code Committee heard SB 47 on expungement issues sponsored by Rep. J. Young. The bill provides: if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor; a procedure for the automatic … [Read more...] about Expungement issues
Harassment and orders for protection
H.E.A. 1607, P.L. 266 Effective: July 1, 2019 Adds Ind. Code § 34-6-2-51.5 to define harassment for protection orders under Ind. Code § 34-26-5 which includes, but is not limited to, repeated or continuing impermissible contact: (1) that would cause a reasonable person to suffer emotional distress; and (2) that actually causes the victim to suffer emotional distress. Amends Ind. C … [Read more...] about Harassment and orders for protection
Expungements
S.E.A. 235, P.L. 219 Effective: July 1, 2019 Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition … [Read more...] about Expungements
Harassment and orders of protections
The Senate Committee on Courts and Criminal Law heard HB 1607 concerning harassment and orders for protection. The bill provides that a person who is a victim of harassment (as defined by I.C. 35-45-10-2) may file a petition for an order for protection against a person who commits harassment. An amendment was taken by consent to create a new type of protection order for harassment, … [Read more...] about Harassment and orders of protections