While living in Maryland, Eric Robertson had faced a series of felony drug and theft charges. However, a court convicted him only on a misdemeanor charge. After filling out paperwork and paying a fee, Robertson was able to have that charge removed, or expunged from his record.
However, when he moved back to Indianapolis, he met ex-offenders who were not so fortunate. They had been convicted of felonies and although those were nonviolent offenses, the convictions hindered them from changing their lives.
“I’m talking about guys who sincerely want to change,” said Robertson, who now works as an independent construction contractor. “They have a hard time getting a job, finding a place to live and getting resources for college.”
Thanks to a new law that will soon go into effect, those who have served time for various non-violent offenses will have a clearer path to becoming productive, stable members of society.
Recently, the Indiana General Assembly passed and Gov. Mike Pence signed into law House Bill 1482, which provides people convicted of certain crimes the opportunity to have their records cleared if they have had a sustained period without any new offenses. It would create the state’s first expungement law covering multiple levels of offenses.
After signing the law, Pence declared that Indiana “should be the worst place in America to commit a serious crime, but the best place, once you’ve done your time, to get a second chance.”
H.B. 1482 was presented after more than three years of meetings and research conducted by judges, lawmakers, prosecutors and concerned citizens about the severe impact criminal records have on individuals who are attempting to rebuild their lives while staying away from crime.
Under the new law, which takes effect July 1, judges will be required, in most cases, to erase the criminal record of an individual requesting expungement after a minimum of five years good behavior after a criminal sentence is completed.
Arrest records of people who were charged with but not convicted of certain crimes will be sealed from public view.
Several levels of expungement will be offered for different levels of crime. Misdemeanor offenses can be expunged five years after a conviction, while those with D felony convictions or higher have to wait at least eight years after a conviction to petition for expungement.
Individuals will not be required to hire an attorney or seek legal assistance when filing to have their records cleared, and can petition courts directly. They will, however, be required to pay a fee.
Rep. Jud McMillin, a lead author of the bill, said when a nonviolent offender makes a mistake it does not necessarily mean they are a bad person, just a human being.
“They shouldn’t have to live with their mistake forever,” he said.
McMillin, a Republican from Brookville and former deputy prosecutor, added that the reason why some people go into prison and immediately revert back to a bad lifestyle is because they have no opportunity or hope.
“They can’t look into the future and see where things are going to get better because every job application they turn in gets thrown into the trash can,” he said.
House Bill 1482 had several bipartisan sponsors, including Sen. Lonnie Randolph, an East Chicago Democrat and chairman of the Indiana Black Legislative Caucus.
Directors of programs that assist ex-offenders are also looking forward to the new expungement law going into effect next month.
“We have people with us right now, for example, who can’t get apartments or a place to stay,” said Rev. Eugene Potter, founder of New Life Development Ministries, a local organization on the city’s Westside that trains ex-offenders for jobs in the construction industry. “I think this is a good course of action. It is nice to see our state come up into the 21st century, and this should help a lot of people.”
Some organizations, however, have concerns about House Bill 1482 and believe it might be more harmful than helpful.
The Hoosier State Press Association, made up of news outlets around the state that are trusted for accurate information related to criminal justice and other issues, oppose the law. The organization says it won’t work and will only attempt to rewrite historical records contained in public records.
“A 10-minute Google search will find 30 background check entities that create their own databases or collect arrest and court records from others,” Key said. “Even if the state seals some records, the information already in those databases will not be erased.”
The problem, Key concluded, is that an applicant may say he or she has no conviction, but if the company uses a private firm with its own database it will see the conviction.
“The employer assumes the individual lied on the application and rejects it,” Key said.
However, Roberston, the ex-offender who moved back from Maryland, believes he echoes the sentiments of others who say that the law, while not perfect, will be an improvement over the status quo.
“Thousands of people have had their lives messed up and are struggling to support their families because of something that may not really be that serious,” Robertson said. “Some wrinkles may need to be ironed out, but we have to start somewhere.”
