Introduced Version






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 the sentence.

Effective: July 1, 2006.





Summers




    January 9, 2006, read first time and referred to Committee on Judiciary.







Introduced

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 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
     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 from:
        (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 satisfaction.
        (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:
        (1) Order:
            (A) the department of correction; and
            (B) each:
                (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:
            (A) state;
            (B) regional; or
            (C) local;
        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; and
        (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 committed.