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IN HB1302
Bill
Status
5/4/2015
Primary Sponsor
Judson McMillin
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AI Summary
HEA 1302 Summary
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Expands expungement eligibility to include arrests, criminal charges, and juvenile delinquency allegations that do not result in conviction or adjudication, or where convictions/adjudications were vacated on appeal.
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Allows petitions for expungement to be filed not earlier than 1 year after the arrest, charge, or allegation (whichever is later), without requiring a filing fee.
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Requires courts to seal or redact expunged records in state repositories, law enforcement systems, and court files, with limited exceptions for authorized prosecutors, defense attorneys, and other specified entities.
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Prohibits discrimination against individuals with expunged records in employment, licensing, housing, and education; restores civil rights including voting and jury service except for firearm possession after domestic violence convictions.
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Creates new offense-based expungement pathways allowing convicted offenders to petition for record expungement after specified waiting periods (5-10 years depending on offense severity), subject to prosecuting attorney consent or court discretion.
Legislative Description
Expungement. Provides that expungement provisions concerning an arrest that does not lead to a conviction also apply to criminal charges or juvenile delinquency allegations that do not lead to a conviction. Specifies that a person who files for expungement of an arrest, charge, or juvenile delinquency adjudication that did not lead to a conviction or juvenile delinquency adjudication may file the petition in a circuit or superior court. Provides that a person who files for the expungement of an arrest, criminal charge, or juvenile delinquency allegation that did not lead to a conviction or juvenile delinquency adjudication is not required
Last Action
Public Law 142
5/4/2015