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Expungement law has good, bad sides, prosecutors say

 Associated Press
July 21, 2014
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An Indiana law allowing some criminals to have their records expunged is drawing mixed reviews from judges and attorneys, who say parts of the law don't make sense.

The goal of the measure that took effect last year is to improve nonviolent offenders' chances of getting a job by shielding felony convictions from a background check done by potential employers.

Hundreds of offenders across the state have applied for expungement; Monroe County has processed 273 requests during the first six months of this year alone.

While supporters say the law gives offenders a second chance, others argue the process can demean the justice system by effectively making a person's bad acts disappear.

"There is good, and bad, where this law is concerned," Monroe County Chief Deputy Prosecutor Bob Miller told The Herald-Times. "On the one hand, it provides a sort of amnesty for people who made a mistake when they were younger that has haunted them since in terms of education and employment. That part is a good thing."

But victims can think it's unfair for an offender to clear his record, Miller said.

That's happened in Morgan County, where Prosecutor Steve Sonnega has challenged expungement petitions he doesn't think should be granted.

Sonnega said the positive aspects of the law are often outweighed by the loss of the victim's rights.

He cited one case in which a man charged with sexual battery had a trial where 11 jurors voted to convict and one stood firm on her not-guilty vote. The victim, a child at the time of the crime, didn't want to testify a second time, so the charge was reduced to battery and the man pleaded guilty.

During the perpetrator's expungement hearing earlier this year, the victim testified that she still is haunted by what happened.

"She testified, very powerfully, that she had to live with the consequences of his actions every day and that she believed he should, too — a logical argument from a crime victim," Sonnega said.

But the law doesn't allow judges to weigh victims' testimony.

"There's not much leeway for a prosecutor or judge, and granting these becomes perfunctory, and that bothers me," Sonnega said.

Miller noted that even when a crime has been erased from the public record, prosecutors and police still can access the records and use them to determine whether to charge someone with a new offense.

"For example, if you have a drunk-driving conviction expunged and then get another OWI arrest within five years, the expunged conviction can be used to enhance the new charge to a felony," he said.

Morgan Superior Judge G. Thomas Gray, a former prosecutor, said he dislikes the expungement process and objects to a provision that says victims can address the court, but the judge cannot consider their testimony if the expungement fits the statute.

He also objects to a requirement that expungement petitions and hearings be kept confidential.

"It's an oxymoron. You can't allow anyone in the courtroom to hear what they say, and it can't be considered anyway," he said.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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