Indiana's Second Chance Law: Restricting Access to Your Criminal History Information
Indiana's Second Chance Law: in GeneralAn Order restricting access to your criminal history information is intended to prevent prospective employers from using prior arrests or old criminal convictions against you in the hiring process. There are two (2) new laws that are used in this process: one law applies to arrests on criminal charges that did not result in a conviction; and one law applies to convictions for non-violent class D felony and Misdemeanor offenses that are more than eight (8) years old.
I.C. ? 35-38-5-5.5 Restricting disclosure of criminal records when the person is not convicted or the conviction is vacated:This new law applies to you if you were arrested for a criminal act, but
a) were not prosecuted on the criminal charge; b) all charges were dismissed; c) were acquitted of all criminal charges; OR D0 were convicted of the crime and the conviction was subsequently vacated.
When can the Petition be filed?
a) Your petition may be filed no earlier than 30 days after the person is acquitted or the charges dismissed (if the charges are not refiled). b) If you were convicted, but your conviction was later vacated, your petition may be filed no earlier than 365 days after the order is final or the opinion or memorandum decision vacating your conviction was certified. ---- If the court grants your petition under these circumstances, the Indiana State Police would be prohibited from disclosing your limited criminal history information to a noncriminal justice organization or an individual under Indiana Code ? 10-13-3-27.
I.C. ? 35-38-8: Restricting disclosure of conviction records for misdemeanor and non-violent D felony convictions:This relief is not available for persons who a) were convicted of a class D felony offense that resulted in injury to another person or any class C, B or A felony offenses, or b) are a sex or violent offender unless the offender's status as a sex or violent offender is solely due to the offender's conviction for sexual misconduct with a minor (IC 35-42-4-9), AND the offender proves that the defense described in IC 35-42-4-9(e) applies to the offender. ----- To obtain this relief, you must prove the following two elements: 1) that you have not committed a felony since you were released from the sentence imposed; and 2) that eight (8) years have elapsed since the you were released from your sentence (the eight (8) year period begins when you are released from incarceration, probation, or parole - whichever happens last.) ----- The petition must be filed in the county where the conviction occurred, and the petitioner may be required to pay a civil filing fee.
Your records of conviction after your petition is granted:If the court grants your petition concerning a misdemeanor or D felony conviction, the Indiana State Police, Indiana Department of Correction, and any state, regional, or local central repository for criminal history information would be prohibited from releasing your restricted records to a noncriminal justice agency without a court order. ----- Most importantly, if the court orders restricted access to you conviction records, you would be able to legally state on an application for employment that you have not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.
Indiana Administrative Rule 9For arrest records that do not fall within the categories outlined above, you may still be able to seek restriction of access to your records if you can show that a) the public interest will be substantially served by prohibiting access; b) access or dissemination of the information will create a significant risk of substantial harm to the requestor, other persons or the general public; c) a substantial prejudicial effect to on-going proceedings cannot be avoided without prohibiting public access, OR c) the information should have been excluded from public access under section (G) of the rule. ------ Notice of the petition must be provided to all to the parties of the case and to the any other persons designated by the Court: a) After receipt of notice, a party or person receiving notice must be given twenty (20) days to respond to the petition. b) If the Court sets the matter for hearing, the advance public notice of the hearing must also be given.