ILNews

New law allows for restricted record access for certain crimes

Back to TopCommentsE-mailPrintBookmark and Share

A change in state law that starts Friday allows non-violent offenders to have their criminal records sealed for misdemeanor and Class D felonies. An Indianapolis man is already filing a petition asking the Marion Superior Court to limit access to records involving two money conversion convictions.

This past session, the General Assembly passed House Enrolled Act 121, referred to as the new “second-chance” law. This allows individuals convicted of certain offenses that weren’t violent or sex crimes to request restricted access to arrest and criminal records after eight years since they completed a sentence. The new law’s limited to misdemeanors and Class D felonies, and it only limits access rather than expunging a person’s record completely.

HEA 1211 also allows people to request that limited record access if he or she was not prosecuted, if the charges were dismissed, if acquitted, or if the conviction was later vacated.

If a court grants the request, an individual would not be required to disclose the conviction on employment applications or any other documents outside of the criminal justice system.

The legislation’s co-sponsor, Sen. Greg Taylor, D-Indianapolis, a civil attorney with Gonzalez Saggio & Harlan, held a press conference about the new statute outside the City-County Building in Indianapolis where resident Quinn Minor joined him before filing his petition. Minor received two "low-value" convictions in 1997 and 1999, and since completing his home detention and probation sentences, he has had trouble trying to find employment as a result of those being listed on his record.

“I’ve owned my own business, gone back to school, and raised a family with my wife of 13 years,” Minor said. “I paid my dues for these crimes, and I think my family deserves the opportunity to move forward without my old mistakes limiting our future.”

The Indiana State Police is responsible for the general aspect of limiting access to criminal histories, and about two dozen requests had been filed during the past three years through November 2010. A legislative fiscal analysis earlier this year said it wasn’t clear how many people this new law could effect.

A spokeswoman for the Indiana Senate Democrats said they have contaced the Indiana Supreme Court in hopes of having a form created for pro se petitioners.

ADVERTISEMENT

  • Dupree file
    I have a class D felony on my record. I was not convicted,but because it shows on my record I can't find a job or enroll in school.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

ADVERTISEMENT