State Passes New Expungement Law
INDIANA LEGISLATURE PASSES NEW EXPUNGEMENT LAW
In the mist of revamping the entire criminal code, the Indiana legislature has also revamped, in favor of a defendant, the laws regarding expunging a conviction. House Enrolled Act Number 1482 is set to take effect July 1, 2013, offering many citizens who have been convicted of a crime the opportunity to expunge that conviction. Any person who was arrested and that arrest did not result in a conviction, or the conviction was vacated on appeal can petition the court to seal the arrest records. Sealing said records prevents anyone, except for a criminal justice agency, from accessing said records without an order from the court. Furthermore, any person who was convicted of a misdemeanor, may petition the court after five (5) years from the date of said conviction. If the person meets the statutory requirements, the court SHALL grant the petition for misdemeanor and D felony convictions. The law also allows for a person who was convicted of a more serious felony to petition the court; however, the decision becomes discretionary (“may”) and not mandatory (“shall”) by the court. Finally, the law allows for multiple convictions to be expunged in a single petition.
The attorneys at Scott King Group are well versed in this new legislation. If you have been convicted of a crime and are having difficulties finding a job because said conviction continues to appear on background checks, contact Russell Brown at Scott King Group for a free consultation to determine whether this new law applies to you.
Scott King Group
Merrillville, IN 46410