Bill Text: IN SB0392 | 2011 | Regular Session | Introduced
Bill Title: Expungement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-11 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0392 Detail]
Download: Indiana-2011-SB0392-Introduced.html
Citations Affected: IC 35-38-5.
Synopsis: Expungement. Provides additional situations in which a
court may expunge arrest records, and establishes certain procedures
concerning expungement. Provides that law enforcement agencies may
not release a limited criminal history to noncriminal justice agencies if
certain petitions are filed. Provides that it is a Class B misdemeanor if
an employee of a law enforcement agency violates the expungement of
arrest records laws.
Effective: July 1, 2011.
January 11, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) a criminal charge filed against an individual is dismissed; or
(2) an individual is arrested and charged with committing an offense but:
(A) is subsequently found not guilty of committing the offense; or
(B) following the person's conviction, the person's conviction for one (1) or more offenses is reversed or vacated on appeal;
the court having jurisdiction over the case shall, upon its own motion, not later than thirty (30) days from the date the court learns of the event described in subdivision (1) or (2), order the state police department and every law enforcement agency having records related to the arrest of the individual in relation to the charge described in subdivision (1) or reversed or vacated
conviction described in subdivision (2) to expunge these records.
(a) (b) Whenever:
(1) an individual is arrested but no criminal charges are filed
against the individual; or
(2) all a criminal charges charge filed against an individual are
dropped because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
is dismissed;
(3) an individual is arrested and charged with committing an
offense but:
(A) is subsequently found not guilty of committing the
offense; or
(B) following the person's conviction, the person's
conviction for one (1) or more offenses is reversed or
vacated on appeal; or
(4) a charge, arrest, or conviction appears on an individual's
criminal history because of identity theft, deception, or
mistake;
the individual may petition the court for expungement of the records
related to the arrest
(b) (c) This subsection does not apply if an individual has filed
a petition under subsection (b). If the court having jurisdiction
over the case learns that a charge, arrest, or conviction appearing
on a person's record may be the result of identity theft, deception,
or mistake, the court may set the matter for hearing not later than
thirty (30) days later. If the court finds that the charge, arrest, or
conviction is the result of identity theft, deception, or mistake, the
court shall order the state police department and every law
enforcement agency having records related to the arrest to
expunge these records.
(d) A petition for expungement of records under subsection (b)
must be verified and filed in the court in which the charges were filed,
or if no criminal charges were filed, in a court with criminal
jurisdiction in the county where the arrest occurred. The petition must
set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name of
the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on information contained in sworn statements submitted by individuals who represent an agency, the petitioner is not entitled to an expungement of records.
(1) the conditions in subsection
(b) A person may petition the state police department to limit access
to the person's limited criminal history to criminal justice agencies if
more than fifteen (15) years have elapsed since the date the person was
discharged from probation, imprisonment, or parole (whichever is
later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police
department a law enforcement agency shall not release limited
criminal history to noncriminal justice agencies under IC 10-13-3-27.
