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Thursday, April 03, 2014

Ind. Courts - The new expungement changes took effect March 26th. What are they?

Here is a memo dated March 31, 2014 sent to all Indiana trial judges, clerks and court administrators by Jeffrey S. Wiese, Director of Trial Court Management, Division of State Court Administration.

H.E.A. 1155 which makes changes to the Expungement Law (I.C. 35-38-9) was effective March 26, 2014. Many of these changes clarify issues the judiciary had with the original 2013 law.

Two Common Questions:

1. Are filing fees required?

The 2014 General Assembly deleted the 2013 language mandating petitioners pay civil filing fees and also the language prohibiting any fee waivers/reductions however no specific language was added prohibiting the assessment of filing fees. After discussion with the Indiana Judicial Center and the State Board of Accounts, we are interpreting this change to mean the normal civil filing fees required by I.C. 33-37-4-4 should be assessed for all expungement cases (except expungement of arrests that did not result in a conviction or juvenile adjudication where no filing fee is required) however fee waivers/reductions are now allowable.

2. What is confidential under the new law?

I.C. 35-38-9-10(i) makes the expungement petition and expungement order confidential. This new statutory provision protects the confidentiality of the information in the petition/order however this does not make the entire civil case confidential. Care should be taken to ensure no confidential information is included in the CCS.

Attached is a:

I hope this information answers your questions about the 2014 changes.

Revised model petitions and orders should be available on courts.IN.gov very soon.

Posted by Marcia Oddi on April 3, 2014 10:27 AM
Posted to Indiana Courts