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Monday, April 07, 2014

Ind. Courts - "Are Indiana's Newly-Expunged Convictions Still Available for Impeachment?" [Updated]

The ILB received this note last week:

I noticed you’ve been posting more on the new expungement provisions. I thought you might find this article of interest, addressing whether litigants will still be able to impeach witnesses with those expunged convictions. It’s been accepted by the Indiana Law Journal Supplement, and is available through SSRN.

Graham Polando, Magistrate
St. Joseph Probate Court
South Bend, Indiana

Here is the SSRN abstract:
Indiana's Evid. R. 609 provides that a potentially-impeaching criminal conviction is inadmissible if "the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated." Indiana has recently enacted a new expungement procedure for many criminal convictions. Courts will soon be faced with the question, then, whether expungement is such an "equivalent procedure."

This essay contends that it is not -- that Courts should allow, for impeachment purposes, evidence of expunged convictions, but should likewise allow the witness's proponent to introduce evidence of the expungement.

[Updated at 1:23 PM] Here is a link to the ILB's April 3rd post, "The new expungement changes took effect March 26th. What are they?"

In addition, the Court of Appeals will be hearing an oral argument concerning expungement on Wed., April 10th, in Indianapolis Metropolitan Police Department v. Donald Prout. Details are in this post from early this morning.

Posted by Marcia Oddi on April 7, 2014 08:39 AM
Posted to Indiana Courts