Indiana Senate Bill SB0034

Indiana 2023 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23

Caption

Expungement of addiction related convictions.

Impact

The bill will amend existing laws in Indiana to provide a clear pathway for eligible individuals to seek expungement, thus restoring their civil rights, including the right to vote and hold public office. Proposed changes detail that once a conviction is expunged, the individual is treated as if they had never been convicted of the offense. However, the law draws a significant line regarding violent crimes; distinctions between offenses allow those convicted of certain serious crimes, like murder or sex offenses, to remain ineligible for expungement.

Summary

Senate Bill 34 (SB0034) introduces a procedure for the expungement of addiction disorder-related convictions in Indiana. It allows individuals who have completed a 'high intensity residential treatment program' to petition for the expungement of their related convictions, which may include offenses where addiction was a significant factor, such as drug possession or impairment due to substances. The bill is intended to help those who have turned their lives around and completed treatment by removing barriers to employment and other opportunities hampered by criminal records associated with addiction.

Contention

A notable point of contention within SB0034 arises from concerns about public safety and the implications of allowing expungements for individuals with addiction-related convictions. Critics argue that while rehabilitation is crucial, there are risks associated with integrating individuals who might still pose a threat into society without certain checks in place. Additionally, there are implications for how the expungement process is managed, particularly regarding the rights of victims, who may feel it undermines their experiences or the severity of the offenses committed against them.