Indiana's SB368 Could Require That Some Juvenile Records Be Automatically Expunged

Justice is on its way to the juveniles of Indiana. Senate Bill SB368, if voted in by the full Senate, could require automatic expungement of some juvenile records. Young individuals should be given a second chance when reaching adulthood and not have to suffer from a mistake they made when they were 12 or 13. As long as these juveniles have served their time and followed the law after their offense, expungement should be granted.
Under SB368, after a child turns 19 or one year after discharge, their record will be up for expungement. Criminal records that qualify for expungement are those considered misdemeanors if committed by adults. Offenses involving deadly weapons or those involved in murder cases are one concern under this bill. Judges will perform a thorough review of records and have the final decision.

Another main component of the bill is that juveniles charged as adults will stay in a juvenile facility and not an adult facility. The reasoning behind this decision is that in the past, juveniles have stayed in adult facilities. According to The Campaign for Youth Justice, 34% more of these young individuals return to incarceration than those kept in juvenile detention. Juvenile facilities cater to young people and provide more of an opportunity for correction.

Bill SB368, if passed, will also include the competency to stand trial, which creates the opportunity for these young individuals to assist in their defense if they understand the charges against them. If a child is declared incompetent, they will undergo an evaluation. Overall this bill will create opportunities for the troubled youth to learn from their mistakes, serve their time, and overcome obstacles that may face them in the future.