Opinion

In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff

  • 65 N.E.3d 1054
  • 2016 Ind. App. LEXIS 438
  • 2016 WL 7157617
Court
Indiana Court of Appeals
Filed
Dec 8, 2016
Status
Published
Author
Barnes
On the bench
Bailey, Riley, Barnes
Cited by
1 cases

The opinion

BARNES, Judge,

concurring with separate opinion.

[32] I concur with my colleagues in full. I write, though, to urge our Legislature to examine this provision of Indiana law and carve out some sort of law-enforcement exception.

[33] While I respect and strongly favor an orderly and warranted expungement process, I believe law enforcement ought to be able to thoroughly examine one’s past criminal history and make judgments accordingly. A multitude of remedies would remain for those who would feel unfairly treated. I simply favor, for some of the most sensitive positions in our society, an approach that would provide more discretion to hiring agencies.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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