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IN SB0235
Bill
AI Summary
- Creates new process for expunging dismissed or denied protection orders, allowing subjects to petition the court when orders were terminated due to dismissal, denial, plaintiff's failure to appear, or appellate reversal
- Defines "collateral action" as any proceeding related to an arrest, criminal charge, or conviction, including seizures, civil forfeitures, and specialized driving privileges petitions
- Requires expungement orders to include sealing of collateral action records and related arrest information from state criminal history databases
- Bars expungement for persons convicted of felonies resulting in death to another person
- Allows persons granted expungement before July 1, 2019 to file supplemental petitions to obtain benefits of the new law's changes
Legislative Description
Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.
Last Action
Signed by the Governor
5/6/2019