Understanding the Criminal Justice System
Indiana lawmakers have made numerous important changes to the criminal code for 2015, with the majority of the new provisions taking effect as of July 1. Below is a general overview of the changes, which include new rules for expunging a criminal record and obtaining special driving privileges. State lawmakers also modified the criminal statute governing license suspensions.
One of the biggest changes to come out of the legislative session was the rule regarding lifetime license suspensions. Beginning July 1, individuals who have received a lifetime suspension of their driver’s license may petition the court to reinstate their driving privileges after three years.
Indiana drivers with a suspended license will pay heftier fees for reinstatement. The fee for a first violation has gone up to $250 (previously $150). Drivers must now pay $500 for reinstatement after a second violation (previously $225). The reinstatement fee for a third violation and beyond is now $1,000 (previously $300).
Another significant change is the new provision regarding habitual traffic violators. Previously, habitual traffic violators had to wait three or five years to apply for special driving privileges. The new law eliminates these waiting periods – a significant benefit for individuals who need to drive to work, shuttle children around, and get to and from doctors’ appointments.
Lawmakers also made several changes to Indiana’s expungement law. Petitioners must now pay a filing fee to expunge both misdemeanors and felonies – although there is no fee assessed for petitions to expunge arrest records. Arrest records that are expunged will no longer show up in the database used by law enforcement, which means that background checks will also no longer produce this information. Although expungements granted for misdemeanor and Class D felonies will still be visible to police and other agencies, they will no longer have the authority to disclose or release these records to non-law enforcement agencies or entities.
Indiana criminal law is constantly evolving. If you have been charged with a crime, it’s important to have a knowledgeable criminal defense attorney on your side. Your future is too important to leave to chance or unskilled hands. Call me at 317-983-5333 for a free consultation.
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