Bill Text: IN HB1163 | 2010 | Regular Session | Amended
Bill Title: Expungement of records of certain convictions.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2010-02-16 - Senator Rogers added as cosponsor [HB1163 Detail]
Download: Indiana-2010-HB1163-Amended.html
Citations Affected: IC 35-38.
Synopsis: Expungement of records of certain convictions. Provides
that if postconviction DNA testing is favorable to a convicted person
and if the court orders the release of the person after December 31,
2007, the records and other information of the sentencing court, a
juvenile court, a court of appeals, and the supreme court concerning the
person's offense shall be permanently sealed and the court that ordered
the release shall do the following concerning records and information
that are related to the offense: (1) Order any entity that incarcerated,
provided treatment for, or provided other services for the person to
destroy all records they possess concerning the person's incarceration,
treatment, or services. (2) Order any central repository for criminal
history information to not to place or retain any information concerning
the person's arrest for or conviction of the offense in the central
repository. (3) Seal any records the court possesses concerning the
offense and any proceeding related to the offense. Allows certain
persons to gain access to records that were sealed if the persons show
good cause for the unsealing of the records. Specifies that if a court
orders that the records of the person who was released be sealed, the
person: (1) may obtain a copy of the court order; (2) shall be treated for
all purposes as if the person had not been arrested for or convicted of
the offense; and (3) may legally state on an application for employment
or any other document that the person has not been arrested for or
convicted of the offense.
Effective: Upon passage.
January 7, 2010, read first time and referred to Committee on Courts and Criminal Code.
January 25, 2010, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the identified biological material and stay the petitioner's motion for a new trial pending the results of the DNA retesting.
(2) Upon joint petition of the prosecuting attorney and the petitioner, order the release of the person.
(3) Order a new trial or any other relief as may be appropriate under Indiana law or court rule.
(b) If the release of a person is ordered under subsection (a)(2) after December 31, 2007:
(1) the records and other information of:
(A) the sentencing court;
(B) a juvenile court;
(C) a court of appeals; and
(D) the supreme court;
concerning the offense described in subsection (a) of which the person was convicted shall be permanently sealed; and
(2) the court that ordered the release shall do the following concerning records and information that were created as a result of or are related to the offense described in subsection (a) of which the person was convicted:
(A) Order the department of correction, each law enforcement agency, and any other entity that incarcerated, provided treatment for, or provided other services for the person released under subsection (a)(2) to destroy all records they possess concerning the person's:
(i) incarceration;
(ii) treatment; or
(iii) services.
(B) Order any state, regional, or local central repository for criminal history information:
(i) to send the person's records concerning or related to the offense to the court to be sealed under clause (C); and
(ii) not to place or retain any information concerning the person's arrest for or conviction of the offense in the state, regional, or local central repository.
(C) Seal any records the court possesses concerning:
(i) the offense; and
(ii) any proceeding related to the offense.
(c) Notwithstanding subsection (b), a law enforcement agency, prosecuting attorney, court, or person conducting journalistic or academic research may submit a written application to a court described in subsection (b)(1) or the court that ordered the release of a person under subsection (a)(2) to gain access to any records that were sealed under subsection (b). If a person who submits a written application under this subsection shows good cause for the unsealing of the records described in subsection (b), the court described in subsection (b)(1) or court that ordered the release of the person under subsection (a)(2) shall:
(1) order that the records be unsealed; and
(2) allow the person who submitted the written application to have access to the records.
If a court orders that records be unsealed under this subsection, the court shall order that the records be resealed at the earliest possible time after the reasons for unsealing the records cease to exist.
(d) If a person whose records are sealed under subsection (b) brings a civil action that might be defended with the contents of the records:
(1) the defendant is presumed to have a complete defense to the action; and
(2) the plaintiff, to recover in the action, must show that the contents of the sealed records would not exonerate the defendant.
If the plaintiff in the action denies the existence of the records, the defendant may prove the existence of the records in any manner compatible with the law of evidence.
(e) If a court orders that a person's records be sealed under subsection (b), the person:
(1) may obtain a copy of the court order;
(2) shall be treated for all purposes as if the person had not been arrested for or convicted of the offense described in subsection (a) that is recorded in the sealed records; and
(3) may legally state on an application for employment or any other document that the person has not been arrested for or convicted of the offense described in subsection (a) that is recorded in the sealed records.
