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IN HB1178
Bill
Status
1/7/2016
Primary Sponsor
Martin Carbaugh
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AI Summary
HB 1178 Summary
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Public agencies operating websites displaying expungement records must remove or redact those records within 30 days of receiving a request and satisfactory proof that the conviction or arrest has been expunged.
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When a person's arrest or conviction is expunged and they are named as a party in a related civil action, the court must redact the person's name from electronic case management systems and provide redacted copies of documents to publishers and organizations.
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Courts must seal documents in expungement cases filed before July 1, 2015 upon motion, if the expungement petition was granted.
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The bill amends Indiana Code sections 5-14-8 (new chapter on expunged records on publicly maintained websites) and 35-38-9 (expungement procedures and protections).
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Effective date: July 1, 2016.
Legislative Description
Expungement. Requires a public agency that operates a public web site displaying records related to an expungement to remove or redact the records after receiving satisfactory proof that the conviction or arrest has been expunged. Provides that: (1) if a person's arrest or conviction is expunged (and not merely marked as expunged); and (2) the person is named as a party in a civil action related to the expunged arrest or conviction; the court in which the civil action was filed shall, upon request, redact the person's name contained in certain public documents relating to the civil action. Requires a
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/7/2016