February 17, 2022

Hoosier lawmakers expand breadth of Indiana's criminal expungement law - Shelbynews

Indiana Statehouse
The Indiana Statehouse is seen on a rainy day in Indianapolis.

Individuals charged with crimes who either are not prosecuted, acquitted following a trial, or the charges are dismissed would have their court records automatically expunged under legislation headed to Republican Gov. Eric Holcomb.

The Indiana House voted 86-0 Thursday to advance Senate Enrolled Act 182 to be signed into law. It previously passed the Senate, 49-0.

State Rep. John Young, R-Franklin, the sponsor, said the measure aims to clarify Indiana’s broad expungement statute that generally seeks to give Hoosiers convicted of minor offenses an opportunity to move on with their lives without being held back by a criminal record.

Under the plan, which applies to crimes charged starting July 1, the court records of any dismissal or acquittal of criminal charges, or alleged juvenile delinquency, would become confidential within 60 days of disposition, unless the county prosecutor requests a one-year expungement delay.

Any non-prosecution of criminal charges within 180 days following an arrest must be expunged immediately, according to the legislation.

Criminal charges or allegations of juvenile delinquency that are reduced to an infraction also would be eligible for expungement.

The expungement requirement only applies to court records. News coverage of arrests and trials are protected by the First Amendment of the U.S. Constitution and are not subject to Indiana’s expungement law.

The legislation also was sponsored by state Sen. Rodney Pol, D-Chesterton; and state Sen. Lonnie Randolph, D-East Chicago.

This article originally ran on nwitimes.com.



source: https://www.shelbynews.com/news/state/hoosier-lawmakers-expand-breadth-of-indianas-criminal-expungement-law/article_a639a8df-4771-5564-bd8e-a016a83677c8.html

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