Over the last several years, Indiana legislators have made some progress in limiting access to criminal convictions. In previous blog entries, I have outlined how sealing of arrest records and restricting access to conviction records work. Current laws allow a person convicted of certain crimes to petition the Court to restrict access to the conviction and/or arrest records. Convictions for Misdemeanors (such asDrunk Driving (DUI/OWI), Criminal Conversion and Check Deception) and non-violent felonies are addressed by the current law.
However, this law does not remove the conviction. It merely restricts the access to the records. In effect, the record is removed from computer systems and only law enforcement agencies have access.
State Representative Jud McMillan, a former prosecutor from Brookville, Indiana, is planning to introduce legislation that would permit a Judge to expunge a conviction or arrest if the person can prove that they have been rehabilitated.