The Indiana State Senate has passed legislation that would allow individuals convicted of misdemeanors and minor felonies to have their records expunged. House Bill 1482 was authored and proposed by Representative Jud McMillan. The Bill has been labeled a “second chance” for individuals with minor convictions on their records that have found themselves unable to attain employment, housing, and other means of supporting their families. The Bill was passed in the House with a vote of 82-17 on February 5, 2013. The Bill was then sent to the Senate and passed on April 10, 2013 with a 39-11 vote. The Bill was amended several times, and has been returned to the House for approval. Representative McMillan is convinced the Indiana House will approve the changes. If the Bill is passed, it will be sent to the governor who has the power to veto it or sign it into law.
Currently, the closest thing to an expungement law in Indiana is a criminal record sealing law, which allows for individuals with arrests or conviction for low-level misdemeanors and convictions to obtain a court order shielding the record from public view. However, the law is not as encompassing as the new proposed legislation. House Bill 1482 will allow individuals with misdemeanors and minor felonies to expunge their record five years after their date of conviction as long as they have not been convicted of a subsequent offense within that period of time. The Bill also allows a judge to seal an arrest that has not led to a conviction after one year. The Bill does not allow for the expungement of convictions related to sex offenses or felonies that have caused physical injury to others. For other more serious felonies, a person may apply for expungement ten years after the sentencing date. In such cases, it is within the judge’s discretion to grant the expungement, and while it may be expunged it is still in the public record. More information can be found at RecordGone’s Indiana submission section here.
Representative McMillan believes that this Bill will grant individuals with convictions a new lease on life, and will enable them to go out into the work force and apply for jobs that were once out of their reach. Some prosecutors and lawmakers have expressed their concern of the effect of the Bill on court dockets, and others are concerned that the Bill will hide information that should remain in the public eye. Despite these concerns, Representative McMillan has stated that he has received more phone calls regarding this Bill than any other. Representative McMillan truly believes that this Bill is going to change lives and make things better for people that have only one offense, or those who have broken their pattern of criminality and are rehabilitated.
Tean
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