SENATE BILL No. 338
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-5.
Synopsis: Expungement of arrest records. Provides additional
situations in which a person may petition a court to expunge arrest
records. Provides that law enforcement agencies shall not release a
limited criminal history to noncriminal justice agencies when certain
petitions are filed. Provides that it is a Class B misdemeanor if an
employee of a law enforcement agency violates the expungement of
arrest records laws.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Judiciary.
Second Regular Session 116th General Assembly (2010)
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SENATE BILL No. 338
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-38-5-1; (10)IN0338.1.1. -->
SECTION 1. IC 35-38-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) Whenever:
(1) an individual is arrested but no criminal charges are filed
against the individual;
filed against an individual
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
(3) an individual is arrested and charged with committing an
offense but is subsequently found not guilty of committing the
(4) a charge, arrest, or conviction appears on an individual's
criminal history because of identity theft, deception, or
the individual may petition the court for expungement of the records
related to the arrest
(b) A petition for expungement of records must be verified and filed
in the court in which the charges were filed, or if no criminal charges
were filed, in a court with criminal jurisdiction in the county where the
arrest occurred. The petition must set forth:
(1) the date of the arrest;
(2) the charge;
(3) the law enforcement agency employing the arresting officer;
(4) any other known identifying information, such as the name of
the arresting officer, case number, or court cause number;
(5) the date of the petitioner's birth; and
(6) the petitioner's Social Security number.
(c) A copy of the petition shall be served on the law enforcement
agency and the state central repository for records.
(d) Upon receipt of a petition for expungement, the law enforcement
agency shall notify the court of the name and address of each agency
to which any records related to the arrest were forwarded. The clerk
shall immediately send a copy of the petition to each of those agencies.
Any agency desiring to oppose the expungement shall file a notice of
opposition with the court setting forth reasons for resisting the
expungement along with any sworn statements from individuals who
represent the agency that explain the reasons for resisting the
expungement within thirty (30) days after the petition is filed. A copy
of the notice of opposition and copies of any sworn statements shall be
served on the petitioner in accordance with the Rules of Trial
Procedure. The court shall:
(1) summarily grant the petition;
(2) set the matter for hearing; or
(3) summarily deny the petition, if the court determines that:
(A) the petition is insufficient; or
(B) based on information contained in sworn statements
submitted by individuals who represent an agency, the
petitioner is not entitled to an expungement of records.
(e) If a notice of opposition is filed and the court does not
summarily grant or summarily deny the petition, the court shall set the
matter for a hearing.
(f) After a hearing is held under this section, the petition shall be
granted unless the court finds:
(1) the conditions in subsection (a) have not been met;
(2) the individual has a record of arrests other than minor traffic
(3) additional criminal charges are pending against the individual.
SOURCE: IC 35-38-5-5; (10)IN0338.1.2. -->
SECTION 2. IC 35-38-5-5, AS AMENDED BY P.L.2-2005,
SECTION 124, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 5. (a) This section does not apply
to a request to a law enforcement agency for the release or inspection
of a limited criminal history to a noncriminal justice organization or
individual whenever the subject of the request is described in
IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit access
to the person's limited criminal history to criminal justice agencies if
more than fifteen (15) years have elapsed since the date the person was
discharged from probation, imprisonment, or parole (whichever is
later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b),
the state police
department a law enforcement agency shall not release limited
criminal history to noncriminal justice agencies under IC 10-13-3-27.
SOURCE: IC 35-38-5-6; (10)IN0338.1.3. -->
SECTION 3. IC 35-38-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. A law enforcement
officer or an employee of a law enforcement agency
this chapter commits a Class B misdemeanor.