3 new bills would amend Indiana’s criminal expungement law

Indiana lawmakers have introduced three bills affecting the state’s law on sealing criminal records.

S.B. 22

Senate Bill No. 22, authored by Sen. Philip Boots of Crawfordsville, was introduced January 6, 2020. S.B. 22 would amend IC 35-38-9-10. It provides that if a person whose records have been expunged seeks employment with a law enforcement agency, the law enforcement agency may: (1) inquire about the person’s expunged records; and (2) refuse to employ the person. The bill has been referred to the Committee on Corrections and Criminal Law. It would become effective July 1, 2020.

S.B. 47

Senate Bill No. 47, authored by Sen. Aaron Freeman of Indianapolis, also was introduced January 06, 2020, and would amend IC 35-38-9-2. It provides that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor. S.B. 47 was referred to the Committee on Corrections and Criminal Law. It would be effective upon passage.

S.B. 302

Senate Bill No. 302 concerns indigency determinations. It adds a new section to the Indiana Code, IC 35-33-7-6.5, which establishes a procedure for a criminal court to use in determining if a defendant is unable to pay for an attorney. It requires the court to consider things such as the person’s assets, income, necessary expenses, and eligibility for need based public assistance programs. In connection with this, S.B. 302 also amends the expungement statute, IC 35-38-9-8(d), by providing that in deciding whether to reduce or waive the filing fee in an expungement case the court should follow the procedure in the new IC 35-33-7-6.5 to determine a petitioner’s lack of ability to pay. S.B. 302 was introduced January 09, 2020 by Sen. Karen Tallian of Ogden Dunes, and was referred to the Committee on Corrections and Criminal Law. The bill was prepared by the interim study committee on corrections and criminal code. It would be effective July 1, 2020.

Check back for updates on these proposed changes to Indiana’s expungement law.

Dan McNamara is a litigation attorney with Fletcher Van Gilder LLP in Fort Wayne, Indiana. His practice includes work with clients in all Indiana counties in having their criminal records sealed. He can be reached at 260 425-9777 mcnamara@fvglaw.com