INDIANAPOLIS — After waiting at least five years after their convictions, Hoosiers who commit minor crimes could have those convictions expunged, or removed, from their court records under a bill headed to Gov. Mike Pence’s desk.
The Indiana House voted 78-19 Monday to send House Bill 1482 on to Pence’s desk, where the Republican will decide whether to veto it or allow the measure to become law. The Senate had already approved the bill, 39-11.
“When somebody’s made a mistake, they shouldn’t necessarily have to live with it forever. And if they can show atonement for that and they can prove to somebody that they’re ready to get back into society, we should give them that chance,” said the measure’s author, Rep. Jud McMillin, R-Brookville.
The bill allows those who were convicted of misdemeanor crimes to have their records expunged — with no judicial approval necessary — after five years, as long as they have not committed further crimes. Those who are convicted of lower-level Class D felonies can have their convictions expunged after eight years.
In those cases, lawmakers said, those offenders would get “real” expungements. Their records would only be accessible by law enforcement officials.
For higher-level felons, their convictions could be expunged after eight years and with a court’s approval. And for still more serious felons, they could seek expungements after 10 years, with both the prosecutor’s approval and a judge’s OK.
However, those convicted of sexual crimes and violent crimes, including murder and manslaughter, would never become eligible.
“We all want people who have done the crime to do the time, but when they are done doing that time and they can evidence to society that they’re ready to get back into society, then we should be removing any impediments from them being successful and give them every opportunity to be successful in life,” McMillin said.
“A lot of the times, the reason people go into prison and come out and just get right back into a bad lifestyle is because they have no opportunity. They have no hope. They can’t look into the future and see where things are going to get better for them because every application they turn in gets thrown right back into the trash can.”
House members who supported the bill said it offers a chance at redemption for those who have cleaned up their acts.
Rep. Greg Steuerwald, R-Avon, said other states’ residents can currently have convictions expunged there and then move to Indiana, where they would not have to list those convictions on job applications. Hoosier residents should get the same chance, he said.
Rep. Eric Turner, the Cicero Republican who worked on previous years’ efforts to allow some criminal records to be sealed, said ex-offenders deserve shots at redemption.
“What they really want is an opportunity to provide for their families. They acknowledge their mistake, they’ve paid their debt to society,” Turner said. “All of us in this room are men and women of faith, and our faith is based on redemption, and that’s what this allows.”
No opponents of the bill spoke on the House floor Monday.