§ 35-38-9-10 — Unlawful discrimination against a person whose record has been expunged; exceptions

Indiana § 35-38-9-10

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 9: Sealing and Expunging Conviction Records

Text

(a) This section does not apply to a person
to whom sealed records may be disclosed under section 6(a)(3) of this
chapter. With respect to a person seeking employment with a law
enforcement agency or a probation or community corrections
department, including volunteer employment, subsections (b), (d), (e),
and (f) do not apply to the law enforcement agency or the probation or
community corrections department.
(b) It is unlawful discrimination for any person to:
(1) suspend;
(2) expel;
(3) refuse to employ;
(4) refuse to admit;
(5) refuse to grant or renew a license, permit, or certificate
necessary to engage in any activity, occupation, or profession; or
(6) otherwise discriminate against;
any person because of a conviction or arrest record expunged or sealed
under this chapter.
(c) Except as provided in section 6(f) of this chapter, the civil rights
of a person whose conviction has been expunged shall be fully restored,
including the right to vote, to hold public office, to be a proper person
under IC 35-47-1-7(2), and to serve as a juror.
(d) In any application for employment, a license, or other right or
privilege, a person may be questioned about a previous criminal record
only in terms that exclude expunged convictions or arrests, such as:
"Have you ever been arrested for or convicted of a crime that has not
been expunged by a court?".
(e) A person whose record is expunged shall be treated as if the
person had never been convicted of the offense. However, upon a
subsequent arrest or conviction for an unrelated offense, the prior
expunged conviction:
(1) may be considered by the court in determining the sentence
imposed for the new offense;
(2) is a prior unrelated conviction for purposes of:
(A) a habitual offender enhancement; and
(B) enhancing the new offense based on a prior conviction; and
(3) may be admitted as evidence in the proceeding for a new
offense as if the conviction had not been expunged.
(f) Any person that discriminates against a person as described in
subsection (b) commits a Class C infraction and may be held in
contempt by the court issuing the order of expungement or by any other
court of general jurisdiction. Any person may file a written motion of
contempt to bring an alleged violation of this section to the attention of
a court. In addition, the person is entitled to injunctive relief.
(g) In any judicial or administrative proceeding alleging negligence
or other fault, an order of expungement may be introduced as evidence
of the person's exercise of due care in hiring, retaining, licensing,
certifying, admitting to a school or program, or otherwise transacting
business or engaging in activity with the person to whom the order of
expungement was issued.
(h) A conviction, including any records relating to the conviction
and any records concerning a collateral action, that has been expunged
under this chapter is not admissible as evidence in an action for
negligent hiring, admission, or licensure against a person or entity who
relied on the order.
(i) An expungement case, and all documents filed in the case,
becomes confidential when the court issues an expungement order.
However, until the court issues an expungement order, documents filed
in the case are not confidential, and any hearing held in the case shall
be open.

Legislative History

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.16; P.L.142-2015, SEC.11; P.L.219-2019, SEC.16; P.L.55-2020, SEC.11; P.L.14-2022, SEC.4.