Enrolled House Bill (H)

Authored by

DIGEST

Expungement. Provides that expungement provisions concerning an arrest that does not lead to a conviction also apply to criminal charges or juvenile delinquency allegations that do not lead to a conviction. Specifies that a person who files for expungement of an arrest, charge, or juvenile delinquency adjudication that did not lead to a conviction or juvenile delinquency adjudication may file the petition in a circuit or superior court. Provides that a person who files for the expungement of an arrest, criminal charge, or juvenile delinquency allegation that did not lead to a conviction or juvenile delinquency adjudication is not required Expungement. Provides that expungement provisions concerning an arrest that does not lead to a conviction also apply to criminal charges or juvenile delinquency allegations that do not lead to a conviction. Specifies that a person who files for expungement of an arrest, charge, or juvenile delinquency adjudication that did not lead to a conviction or juvenile delinquency adjudication may file the petition in a circuit or superior court. Provides that a person who files for the expungement of an arrest, criminal charge, or juvenile delinquency allegation that did not lead to a conviction or juvenile delinquency adjudication is not required to pay a filing fee, but that a person who files a petition for expungement of a conviction is required to pay the filing fee required in civil cases. Provides that, if a court has no discretion in granting an expungement petition, the prosecuting attorney is not required to inform the victim of the victim's rights. Removes a requirement that the petitioner submit bureau of motor vehicles records. Requires that additional identifying information must be included in a petition for expungement and order granting an expungement. Grants access to expunged records to the bureau of motor vehicles and certain federal agencies for the purpose of complying with laws concerning commercial drivers licenses. Specifies the procedure for expunging pre-1977 convictions. Requires a prosecuting attorney to file objections to an expungement petition with the court and serve a copy on the petitioner. Provides that a person convicted of: (1) two or more felony offenses involving the unlawful use of a deadly weapon; (2) that were not committed as part of the same episode of criminal conduct; may not have the person's convictions expunged. ... View more