Criminal Record Expungement Law Challenged

Tuesday, October 29, 2013 at 7:28 AM

By Mike Perleberg

State Rep. Jud McMillin (R-Brookville) authored the expungement law which is being challenged by a county prosecutor's lawsuit.

file photo

(Brookville, Ind.) - A local lawmaker’s law that allows citizens to have some criminal convictions erased from their record is being contested in a lawsuit.

State Rep. Jud McMillin (R-Brookville) authored the expungement law, which passed the legislature and was signed into law by Governor Mike Pence earlier this year. McMillin's signature piece of legislation for 2013 took effect July 1.

Under the law, those eligible to have a conviction cleared must have served their sentence and not committed another crime for at least seven years. An individual can only petition for expungement once in their lifetime.

Earlier this month, Morgan County Prosecutor Steve Sonnega filed a lawsuit in Morgan County court, according to the Associated Press. He claims the legislature overstepped its authority under Indiana’s constitution because the law does not give judges discretion in granting an expungement.

Sonnega’s suit, the AP report states, was prompted by a case in which a child molestation allegation was resolved 20 years ago with a misdemeanor Battery plea when a jury could not render a verdict for a more serious charge. If the suspect had been convicted of Child Molesting, he would not be eligible for expungement.

McMillin said he introduced the expungement law in hopes that it could help some ex-offenders who have straightened out their lives clear background checks and find respectable work.

The lawmaker said he is confident the law is constitutional. McMillin said he was disappointed that some involved in the in the criminal justice system want to continue to fight to oppress people who have paid their debt to society.

“As humans we all make mistakes, but many people deserve a second chance and should not be punished indefinitely for past mistakes,” McMillin said. “When someone who made a mistake has paid their debt and moved past that part of their life the government shouldn't continue to stand in their way when they try to better themselves, take care of themselves, and take care of their families.”

If the prosecutor’s lawsuit is successful in Morgan County, it would likely be appealed. Indiana Attorney General Greg Zoeller told the AP that he believes changes to statutes should be brought back before legislators to resolve policy questions.