At a glance
The law, which went into effect July 1, provides a second chance to those convicted of certain nonviolent felony or misdemeanor charges.
People who are convicted of misdemeanors or Class D felonies can request to have their criminal records sealed after five years, or eight years in the case of a Class D felony. A petition requires the ex-offender to:
- Not have been charged with or committed other crimes.
- Successfully complete their sentence.
- Not have a pending or existing driver's license suspension.
People convicted of sexual and violent crimes are not eligible to have their records sealed.
So far in St. Joseph County, eight people have filed to have their records expunged.
Source: www.in.gov
In one recent hearing, St. Joseph County Deputy Prosecutor Mark Roule was in the courtroom, though his presence was more of a formality.
Jacqueline Wilk was seeking to have her arrest expunged after two high-profile trials in the deaths of her children resulted in mistrials and dismissed neglect charges.
In line with the statute, it didn't seem that he could object, Roule told the judge.
Her arrest met the criteria for expungement under a new state law that took effect in July. It didn't result in a conviction, a year had passed and she faced no pending criminal charges.
Judge John Marnocha commented that he had no discretion under the law to view the case through its specific issues. Since Wilk's arrest met the law's three requirements, the judge had to expunge it.
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