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IN SB0427

Bill

Status

Introduced

1/12/2017

Primary Sponsor

Greg Taylor

Click for details

Origin

Senate

2017 Regular Session

AI Summary

Senate Bill 427 Summary

  • Amends IC 35-38-9-6 to restrict law enforcement access to expunged records to only those officers acting in enforcement or investigative capacity without requiring a court order.

  • Requires courts to order the Department of Correction, Bureau of Motor Vehicles, law enforcement agencies, and other service providers to prohibit release of expunged records to anyone without a court order, except authorized law enforcement officers.

  • Mandates the state police department seal expunged conviction records in the central repository, with limited exceptions for prosecutors, defense attorneys, probation departments, federal agencies, bar admission boards, mortgage licensing compliance, and motor vehicle reporting.

  • Permanently seals records of the sentencing court, juvenile court, court of appeals, and supreme court regarding expunged convictions, though prosecuting attorneys may petition to unseal records for new prosecutions.

  • Specifies that expungement does not affect sex offender registry requirements, firearm possession restrictions for domestic violence convictions, or driver's license suspensions.

  • Effective date: July 1, 2017.

Legislative Description

Access to expunged records. Provides that law enforcement officers lacking a court order may access expunged information or records only when acting in an: (1) enforcement; or (2) investigative; capacity.

Last Action

First reading: referred to Committee on Judiciary

1/12/2017

Committee Referrals

Judiciary1/12/2017

Full Bill Text

No bill text available