Hendricks County Flyer, Avon, IN

Local News

April 19, 2013

Criminal records expungement bill passes

(Continued)

INDIANAPOLIS —

The expungement bill goes further and covers higher-level felonies as well. There are limits: Most sex and violent crimes are excluded and persons seeking to have their record expunged have to show they’ve stayed out of trouble for a number of years.

Prosecutors would have to sign off on the expungement for some higher-level crimes, and public officials who’ve committed a crime would have to meet a higher standard to have that crime expunged.

There are some crimes that can’t be wiped clean under the bill, such as murder or incest. The bill also includes other provisions: Crime victims have an opportunity to object to the record expugement in some cases, and prosecutors will still have access to criminal records that have been expunged from court records.

A critical element of the bill: A potential employer can only ask job applicants if they’ve been arrested or convicted of a crime that has not been expunged by a court. But it also protects employers from being sued if they hire someone who’s had their record expunged, but subsequently commits another crime.

The bill, if approved by the House as McMillin expects it will be, would next head to the desk of Republican Mike Pence for his signature or veto.

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