Indiana Legislation | Update “Second Chance” Law (HEA 1482)
Effective July 1, 2013 House Enrolled Act 1482 in the State of Indiana permits arrested or convicted of certain crimes to have those criminal records sealed.
This legislation provides a SECOND CHANCE to those convicted of certain non-violent or misdemeanor in the State of Indiana.
This new law, which is a revision, of the “Second Chance Law” enacted in 2012 by Indiana legislature permits individuals who are convicted of Class D Felonies or Misdemeanors to petition to have their criminal records sealed after five years, or eight years for certain felonies.The petitioner must meet certain requirements including:
- Not having been charged with or having committed other crimes
- Successful completion of their sentence
- To have a valid license (with no pending or existing suspensions)
- Paying a License fee
Under the revised law, most sex and violent offenders as well as those convicted of a charge related to homicide are not eligible to have their records sealed.
The new legislation has strong language preventing the release of sealed criminal records, other than for law enforcement use, is prohibited without a court order.
While the law does not erase the criminal history, it does make the information unavailable to potential employers.
There is also limitations on what employers can ask in an application form or during an interview.
They can they legally ask, “Have you ever been arrested or convicted for a crime THAT HAS NOT BEEN EXPUNGED BY A COURT?”
Petitioners have been encouraged to seek legal advice when filing a petition due to the strict guidelines for completion.
Individuals who file on their own and do not meet the strict guidelines will likely see their Petition “thrown out” of court AND they may not file again for another three years.
The Indiana Law is complicated and therefore we suggest professional legal advice or help.
One thing is for certain, the Indiana Courts are preparing for an onslaught of requests from people eager to use the new State Law to Clear their past criminal records!
We applaud the State of Indiana for being forward thinking in this legislation! More Information