HOUSE BILL No. 1164
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-8.
Synopsis: Expunging certain felony conviction records. Allows a
sentencing court to expunge the records of certain felony convictions
committed before a person was 25 years of age if 20 years have passed
since: (1) the completion of the person's sentence; and (2) the
satisfaction of any other obligations imposed on the person as a part of
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Judiciary.
Second Regular Session 114th General Assembly (2006)
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HOUSE BILL No. 1164
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-38-8; (06)IN1164.1.1. -->
SECTION 1. IC 35-38-8 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 8. Expungement of Conviction Records
Sec. 1. This chapter applies to all records, including juvenile
records, created as a result of allegations that a person committed
a felony before the person became twenty-five (25) years of age.
Sec. 2. (a) Except as provided in subsection (b), twenty (20)
years after the date a person completes the person's sentence and
satisfies any other obligations imposed on the person as a part of
the sentence, the person may petition a sentencing court to remove
(1) a court's files;
(2) the files of the department of correction; and
(3) the files of any other person who provided treatment or
services to the petitioning person under a court order;
the records concerning the person's involvement in criminal or
juvenile court proceedings.
(b) A person convicted of a sex crime under IC 35-42-4 before
or after the person became twenty-five (25) years of age may not
petition a court under subsection (a).
Sec. 3. In considering whether to grant an expungement petition
under this chapter, the court may review the following:
(1) Whether the person has been rehabilitated to the court's
(2) Any other mitigating factors, including the following:
(A) Job performance.
(B) Job retention.
(C) Community service.
(D) Fulfillment of family and child support obligations.
(E) Completion of restitution to the victim.
Sec. 4. The court may not grant the expungement petition if the
person has been convicted of:
(1) any felony, including murder; or
(2) a Class A misdemeanor;
that the person committed on or after the day the person became
twenty-five (25) years of age.
Sec. 5. If the court grants the expungement petition of a person
under this chapter, the court shall do the following:
(A) the department of correction; and
(i) law enforcement agency; and
(ii) other person;
who incarcerated, provided treatment for, or provided
other services for the person under an order of the court;
to prohibit the release of the person's records or information
in the person's records to anyone without a court order.
(2) Order any:
(B) regional; or
central repository for criminal history information to send the
person's records to the court.
(3) Seal any court records related to the allegation on which
a felony conviction referred to in section 1 of this chapter was
based and any proceeding related to the allegation.
(4) Notify the clerk of the supreme court to seal any records
in the clerk's possession concerning:
(A) the allegation described in subdivision (3); or
(B) any proceeding related to the allegation;
if an appeal was taken.
Sec. 6. If an expungement petition of a person is granted under
this chapter, information concerning the person's arrest or
conviction may not be placed or retained in any state central
repository for criminal history information.
Sec. 7. If an expungement petition of a person is granted under
this chapter, the records of:
(1) the sentencing court;
(2) a juvenile court;
(3) a court of appeals; and
(4) the supreme court;
concerning the person shall be permanently sealed. Other records
concerning the person may be given to the person or destroyed.
Sec. 8. (a) If a person whose records are expunged under this
chapter brings a civil action that might be defended with the
contents of the records, the defendant is presumed to have a
complete defense to the action.
(b) For the plaintiff to recover in an action described in
subsection (a), the plaintiff must show that the contents of the
expunged records would not exonerate the defendant.
(c) In an action described in subsection (a), the plaintiff may be
required to state under oath whether:
(1) the plaintiff had records in the criminal justice system;
(2) those records were expunged.
(d) In an action described in subsection (a), if the plaintiff denies
the existence of the records, the defendant may prove the existence
of the records in any manner compatible with the law of evidence.
Sec. 9. If a court orders a person's records to be expunged under
this chapter, the person shall be treated for all purposes as if the
person had not been arrested for or convicted of the felony
recorded in the expunged records.
SOURCE: ; (06)IN1164.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2006] IC 35-38-8, as added
by this act, applies to all felonies regardless of when the offense was