IN
Indiana Senate Bill SB0182

Indiana 2022 Regular Session

Indiana Senate Bill SB0182 Compare Versions

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1+*SB0182.1*
2+January 28, 2022
3+SENATE BILL No. 182
4+_____
5+DIGEST OF SB 182 (Updated January 25, 2022 12:54 pm - DI 106)
6+Citations Affected: IC 35-38.
7+Synopsis: Court procedures. Specifies that an arrest, criminal charge,
8+or juvenile delinquency allegation that results in an adjudication for an
9+infraction does not result in a conviction for purposes of expungement.
10+Authorizes a person participating in a pretrial diversion program to file
11+a petition for expungement with the authorization of the prosecuting
12+attorney. Requires a court to automatically issue an expungement order,
13+subject to certain exceptions, if: (1) all pending charges or allegations
14+against a person are dismissed; (2) the person is acquitted or the
15+conviction or true finding is vacated; (3) one year has passed since
16+allegations were filed against a juvenile and the state is not pursuing
17+the case; or (4) the person is arrested for a crime and no charges have
18+been filed within 180 days. Makes conforming amendments.
19+Effective: July 1, 2022.
20+Freeman, Sandlin, Koch, Walker K
21+January 6, 2022, read first time and referred to Committee on Corrections and Criminal
22+Law.
23+January 27, 2022, amended, reported favorably — Do Pass.
24+SB 182—LS 6838/DI 106 January 28, 2022
125 Second Regular Session of the 122nd General Assembly (2022)
226 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
327 Constitution) is being amended, the text of the existing provision will appear in this style type,
428 additions will appear in this style type, and deletions will appear in this style type.
529 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
630 provision adopted), the text of the new provision will appear in this style type. Also, the
731 word NEW will appear in that style type in the introductory clause of each SECTION that adds
832 a new provision to the Indiana Code or the Indiana Constitution.
933 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1034 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 182
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
35+SENATE BILL No. 182
36+A BILL FOR AN ACT to amend the Indiana Code concerning
37+criminal law and procedure.
1438 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 35-38-9-1, AS AMENDED BY P.L.219-2019,
16-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2022]: Sec. 1. (a) This section applies only to a person who
18-has been arrested, charged with an offense, or alleged to be a
19-delinquent child, if:
20-(1) the arrest, criminal charge, or juvenile delinquency allegation:
21-(A) did not result in a conviction or juvenile adjudication,
22-even if the arrest, criminal charge, or juvenile delinquency
23-allegation resulted in an adjudication for an infraction; or
24-(B) resulted in a conviction or juvenile adjudication and the
25-conviction or adjudication was expunged under sections 2
26-through 5 of this chapter, or was later vacated; and
27-(2) the person is not currently participating in a pretrial diversion
28-program, unless the prosecuting attorney authorizes the person
29-to petition for an expungement under this section.
30-(b) This subsection applies to a person charged with an offense
31-or alleged to be a delinquent child after June 30, 2022. If:
32-(1) a court dismisses all:
33-(A) criminal charges; or
34-(B) juvenile delinquency allegations;
35-filed and pending against a person;
36-SEA 182 2
37-(2) one (1) year has passed since juvenile delinquency
39+1 SECTION 1. IC 35-38-9-1, AS AMENDED BY P.L.219-2019,
40+2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41+3 JULY 1, 2022]: Sec. 1. (a) This section applies only to a person who
42+4 has been arrested, charged with an offense, or alleged to be a
43+5 delinquent child, if:
44+6 (1) the arrest, criminal charge, or juvenile delinquency allegation:
45+7 (A) did not result in a conviction or juvenile adjudication,
46+8 even if the arrest, criminal charge, or juvenile delinquency
47+9 allegation resulted in an adjudication for an infraction; or
48+10 (B) resulted in a conviction or juvenile adjudication and the
49+11 conviction or adjudication was expunged under sections 2
50+12 through 5 of this chapter, or was later vacated; and
51+13 (2) the person is not currently participating in a pretrial diversion
52+14 program, unless the prosecuting attorney authorizes the person
53+15 to petition for an expungement under this section.
54+16 (b) This subsection applies to a person charged with an offense
55+17 or alleged to be a delinquent child after June 30, 2022. If:
56+SB 182—LS 6838/DI 106 2
57+1 (1) a court dismisses all:
58+2 (A) criminal charges; or
59+3 (B) juvenile delinquency allegations;
60+4 filed and pending against a person;
61+5 (2) one (1) year has passed since juvenile delinquency
62+6 allegations were filed against a child, and:
63+7 (A) there is no disposition; and
64+8 (B) the state is not actively prosecuting the allegations; or
65+9 (3) in a:
66+10 (A) criminal trial a defendant is acquitted of all charges, or
67+11 the defendant's conviction is later vacated; or
68+12 (B) juvenile proceeding the court finds all allegations not
69+13 true, or the juvenile's true finding is later vacated;
70+14 the court shall immediately order all records related to the
71+15 criminal charges or juvenile delinquency allegations expunged. An
72+16 expungement order that is issued based on nonprosecution under
73+17 subdivision (2) goes into effect immediately. An expungement order
74+18 issued under subdivision (1) or (3) may not go into effect earlier
75+19 than sixty (60) days from the date of the dismissal, acquittal, or no
76+20 true finding. However, upon motion by the prosecuting attorney,
77+21 if the court finds that specific facts exist in the particular case
78+22 which justify a delay, the court may delay implementation of an
79+23 expungement order under subdivision (1) or (3) for up to one (1)
80+24 year from the date of the dismissal, acquittal, or no true finding.
81+25 (c) This subsection applies to a person arrested after June 30,
82+26 2022. If:
83+27 (1) a person is arrested;
84+28 (2) one hundred eighty (180) days have elapsed since the date
85+29 of the arrest; and
86+30 (3) no charges are pending against the person;
87+31 the prosecuting attorney shall notify a judge exercising criminal
88+32 jurisdiction in the county (or a designated judge, if applicable) of
89+33 these facts. Upon receipt of the notification, the judge shall
90+34 immediately order the expungement of all records related to the
91+35 arrest.
92+36 (b) (d) Not earlier than one (1) year after the date of arrest, criminal
93+37 charge, or juvenile delinquency allegation (whichever is later), if the
94+38 person was not convicted or adjudicated a delinquent child, or the
95+39 opinion vacating the conviction or adjudication becomes final, the
96+40 person may petition the court for expungement of the records related
97+41 to the arrest, criminal charge, or juvenile delinquency allegation.
98+42 However, a person may petition the court for expungement at an earlier
99+SB 182—LS 6838/DI 106 3
100+1 time if the prosecuting attorney agrees in writing to an earlier time.
101+2 (c) (e) A petition for expungement of records must be verified and
102+3 filed in a circuit or superior court in the county where the criminal
103+4 charges or juvenile delinquency allegation was filed, or if no criminal
104+5 charges or juvenile delinquency allegation was filed, in the county
105+6 where the arrest occurred. The petition must set forth:
106+7 (1) the date of the arrest, criminal charges, or juvenile
107+8 delinquency allegation, and conviction (if applicable);
108+9 (2) the county in which the arrest occurred, the county in which
109+10 the information or indictment was filed, and the county in which
110+11 the juvenile delinquency allegation was filed, if applicable;
111+12 (3) the law enforcement agency employing the arresting officer,
112+13 if known;
113+14 (4) the court in which the criminal charges or juvenile
114+15 delinquency allegation was filed, if applicable;
115+16 (5) any other known identifying information, such as:
116+17 (A) the name of the arresting officer;
117+18 (B) case number or court cause number;
118+19 (C) any aliases or other names used by the petitioner;
119+20 (D) the petitioner's driver's license number; and
120+21 (E) a list of each criminal charge and its disposition, if
121+22 applicable;
122+23 (6) the date of the petitioner's birth; and
123+24 (7) the petitioner's Social Security number.
124+25 A person who files a petition under this section is not required to pay
125+26 a filing fee.
126+27 (d) (f) The court shall serve a copy of the petition on the prosecuting
127+28 attorney.
128+29 (e) (g) Upon receipt of a petition for expungement, the court:
129+30 (1) may summarily deny the petition if the petition does not meet
130+31 the requirements of this section, or if the statements contained in
131+32 the petition indicate that the petitioner is not entitled to relief; and
132+33 (2) shall grant the petition unless:
133+34 (A) the conditions described in subsection (a) have not been
134+35 met; or
135+36 (B) criminal charges are pending against the person.
136+37 (f) (h) Whenever the petition of a person under this section is
137+38 granted, or if an expungement order is issued without a petition
138+39 under subsection (b) or (c):
139+40 (1) no information concerning the arrest, criminal charges,
140+41 juvenile delinquency allegation, vacated conviction, or vacated
141+42 juvenile delinquency adjudication (including information from a
142+SB 182—LS 6838/DI 106 4
143+1 collateral action that identifies the petitioner), may be placed or
144+2 retained in any state central repository for criminal history
145+3 information or in any other alphabetically arranged criminal
146+4 history information system maintained by a local, regional, or
147+5 statewide law enforcement agency;
148+6 (2) the clerk of the supreme court shall seal or redact any records
149+7 in the clerk's possession that relate to the arrest, criminal charges,
150+8 juvenile delinquency allegation, vacated conviction, or vacated
151+9 juvenile delinquency adjudication;
152+10 (3) the records of:
153+11 (A) the sentencing court;
154+12 (B) a court that conducted a collateral action;
155+13 (C) a juvenile court;
156+14 (D) a court of appeals; and
157+15 (E) the supreme court;
158+16 concerning the person shall be redacted or permanently sealed;
159+17 and
160+18 (4) with respect to the records of a person who is named as an
161+19 appellant or an appellee in an opinion or memorandum decision
162+20 by the supreme court or the court of appeals, or who is identified
163+21 in a collateral action, the court shall:
164+22 (A) redact the opinion or memorandum decision as it appears
165+23 on the computer gateway administered by the office of
166+24 technology so that it does not include the petitioner's name (in
167+25 the same manner that opinions involving juveniles are
168+26 redacted); and
169+27 (B) provide a redacted copy of the opinion to any publisher or
170+28 organization to whom the opinion or memorandum decision is
171+29 provided after the date of the order of expungement.
172+30 The supreme court and the court of appeals are not required to
173+31 redact, destroy, or otherwise dispose of any existing copy of an
174+32 opinion or memorandum decision that includes the petitioner's
175+33 name.
176+34 (g) (i) If the court issues an order granting a petition for
177+35 expungement under this section, or issues an order for expungement
178+36 without a petition under subsection (b) or (c), the order must include
179+37 the information described in subsection (c). subsection (e).
180+38 (h) (j) If a person whose records are expunged brings an action that
181+39 might be defended with the contents of the expunged records, the
182+40 defendant is presumed to have a complete defense to the action. In
183+41 order for the plaintiff to recover, the plaintiff must show that the
184+42 contents of the expunged records would not exonerate the defendant.
185+SB 182—LS 6838/DI 106 5
186+1 The plaintiff may be required to state under oath whether the plaintiff
187+2 had records in the criminal or juvenile justice system and whether
188+3 those records were expunged. If the plaintiff denies the existence of the
189+4 records, the defendant may prove their existence in any manner
190+5 compatible with the law of evidence.
191+6 SECTION 2. IC 35-38-9-6, AS AMENDED BY P.L.219-2019,
192+7 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
193+8 JULY 1, 2022]: Sec. 6. (a) If the court orders conviction records,
194+9 including any records relating to the conviction and any records
195+10 concerning a collateral action, expunged under sections 2 through 3 of
196+11 this chapter, the court shall do the following with respect to the specific
197+12 records expunged by the court:
198+13 (1) Order:
199+14 (A) the department of correction;
200+15 (B) the bureau of motor vehicles; and
201+16 (C) each:
202+17 (i) law enforcement agency; and
203+18 (ii) other person;
204+19 who incarcerated, prosecuted, provided treatment for, or
205+20 provided other services for the person under an order of the
206+21 court;
207+22 to prohibit the release of the person's records or information in the
208+23 person's records to anyone without a court order, other than a law
209+24 enforcement officer acting in the course of the officer's official
210+25 duty.
211+26 (2) Order the central repository for criminal history information
212+27 maintained by the state police department to seal the person's
213+28 expunged conviction records, including information related to:
214+29 (A) an arrest or offense:
215+30 (i) in which no conviction was entered; and
216+31 (ii) that was committed as part of the same episode of
217+32 criminal conduct as the case ordered expunged; and
218+33 (B) any other references to any matters related to the case
219+34 ordered expunged, including in a collateral action.
220+35 This subdivision does not require the state police department to
221+36 seal any record the state police department does not have legal
222+37 authority to seal.
223+38 (3) Records sealed under subdivision (2) may be disclosed only
224+39 to:
225+40 (A) a prosecuting attorney, if:
226+41 (i) authorized by a court order; and
227+42 (ii) needed to carry out the official duties of the prosecuting
228+SB 182—LS 6838/DI 106 6
229+1 attorney;
230+2 (B) a defense attorney, if:
231+3 (i) authorized by a court order; and
232+4 (ii) needed to carry out the professional duties of the defense
233+5 attorney;
234+6 (C) a probation department, if:
235+7 (i) authorized by a court order; and
236+8 (ii) necessary to prepare a presentence report;
237+9 (D) the Federal Bureau of Investigation and the Department of
238+10 Homeland Security, if disclosure is required to comply with an
239+11 agreement relating to the sharing of criminal history
240+12 information;
241+13 (E) the:
242+14 (i) supreme court;
243+15 (ii) members of the state board of law examiners;
244+16 (iii) executive director of the state board of law examiners;
245+17 and
246+18 (iv) employees of the state board of law examiners, in
247+19 accordance with rules adopted by the state board of law
248+20 examiners;
249+21 for the purpose of determining whether an applicant possesses
250+22 the necessary good moral character for admission to the bar;
251+23 (F) a person required to access expunged records to comply
252+24 with the Secure and Fair Enforcement for Mortgage Licensing
253+25 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
254+26 Secure and Fair Enforcement for Mortgage Licensing Act; and
255+27 (G) the bureau of motor vehicles, the Federal Motor Carrier
256+28 Administration, and the Commercial Drivers License
257+29 Information System (CDLIS), if disclosure is required to
258+30 comply with federal law relating to reporting a conviction for
259+31 a violation of a traffic control law.
260+32 (4) Notify the clerk of the supreme court to seal any records in the
261+33 clerk's possession that relate to the conviction, including any
262+34 records concerning a collateral action.
263+35 A probation department may provide an unredacted version of a
264+36 presentence report disclosed under subdivision (3)(C) to any person
265+37 authorized by law to receive a presentence report.
266+38 (b) Except as provided in subsection (c), if a petition to expunge
267+39 conviction records, including any records relating to the conviction and
268+40 any records concerning a collateral action, is granted under sections 2
269+41 through 3 of this chapter, the records of:
270+42 (1) the sentencing court;
271+SB 182—LS 6838/DI 106 7
272+1 (2) a court that conducted a collateral action;
273+2 (3) a juvenile court;
274+3 (4) a court of appeals; and
275+4 (5) the supreme court;
276+5 concerning the person shall be permanently sealed. However, a petition
277+6 for expungement granted under sections 2 through 3 of this chapter
278+7 does not affect an existing or pending driver's license suspension.
279+8 (c) If a petition to expunge conviction records, including any records
280+9 relating to the conviction and any records concerning a collateral
281+10 action, is granted under sections 2 through 3 of this chapter with
282+11 respect to the records of a person who is named as an appellant or an
283+12 appellee in an opinion or memorandum decision by the supreme court
284+13 or the court of appeals, or who is identified in a collateral action, the
285+14 court shall:
286+15 (1) redact the opinion or memorandum decision as it appears on
287+16 the computer gateway administered by the office of technology so
288+17 that it does not include the petitioner's name (in the same manner
289+18 that opinions involving juveniles are redacted); and
290+19 (2) provide a redacted copy of the opinion to any publisher or
291+20 organization to whom the opinion or memorandum decision is
292+21 provided after the date of the order of expungement.
293+22 The supreme court and court of appeals are not required to destroy or
294+23 otherwise dispose of any existing copy of an opinion or memorandum
295+24 decision that includes the petitioner's name.
296+25 (d) Notwithstanding subsection (b), a prosecuting attorney may
297+26 submit a written application to a court that granted an expungement
298+27 petition under this chapter to gain access to any records that were
299+28 permanently sealed under subsection (b), if the records are relevant in
300+29 a new prosecution of the person. If a prosecuting attorney who submits
301+30 a written application under this subsection shows that the records are
302+31 relevant for a new prosecution of the person, the court that granted the
303+32 expungement petition shall:
304+33 (1) order the records to be unsealed; and
305+34 (2) allow the prosecuting attorney who submitted the written
306+35 application to have access to the records.
307+36 If a court orders records to be unsealed under this subsection, the court
308+37 shall order the records to be permanently resealed at the earliest
309+38 possible time after the reasons for unsealing the records cease to exist.
310+39 However, if the records are admitted as evidence against the person in
311+40 a new prosecution that results in the person's conviction, or are used to
312+41 enhance a sentence imposed on the person in a new prosecution, the
313+42 court is not required to reseal the records.
314+SB 182—LS 6838/DI 106 8
315+1 (e) If a person whose conviction records, including any records
316+2 relating to the conviction and any records concerning a collateral
317+3 action, are expunged under sections 2 through 5 of this chapter is
318+4 required to register as a sex offender based on the commission of a
319+5 felony which has been expunged:
320+6 (1) the expungement does not affect the operation of the sex
321+7 offender registry web site, any person's ability to access the
322+8 person's records, records required to be maintained concerning
323+9 sex or violent offenders, or any registration requirement imposed
324+10 on the person; and
325+11 (2) the expunged conviction records must be clearly marked as
326+12 expunged on the sex offender registry web site.
327+13 (f) Expungement of a crime of domestic violence under section 2 of
328+14 this chapter does not restore a person's right to possess a firearm. The
329+15 right of a person convicted of a crime of domestic violence to possess
330+16 a firearm may be restored only in accordance with IC 35-47-4-7.
331+17 (g) If a court issues an order granting a petition for expungement
332+18 under sections 2 through 3 of this chapter, the court shall also order any
333+19 related records described in section 1(f) 1(h) of this chapter sealed or
334+20 redacted in the manner described in section 1 of this chapter, unless the
335+21 records described in section 1(f) 1(h) of this chapter have been ordered
336+22 sealed and redacted under this section.
337+23 (h) If the court issues an order granting a petition for expungement
338+24 under sections 2 through 3 of this chapter, the court shall include in its
339+25 order the information described in section 8(b) of this chapter.
340+26 SECTION 3. IC 35-38-9-7, AS AMENDED BY P.L.219-2019,
341+27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
342+28 JULY 1, 2022]: Sec. 7. (a) This section applies only to a person who
343+29 has filed a petition for expungement under section 4 or 5 of this chapter
344+30 and whose records have been ordered marked as expunged.
345+31 (b) The court records and other public records relating to the arrest,
346+32 conviction, or sentence of a person whose conviction records, including
347+33 any records relating to the conviction and any records concerning a
348+34 collateral action, have been marked as expunged remain public records.
349+35 However, the court shall order that the records be clearly and visibly
350+36 marked or identified as being expunged. A petition for expungement
351+37 granted under sections 4 through 5 of this chapter does not affect an
352+38 existing or pending driver's license suspension.
353+39 (c) The state police department, the bureau of motor vehicles, and
354+40 any other law enforcement agency in possession of records that relate
355+41 to the conviction, including any records concerning a collateral action,
356+42 ordered to be marked as expunged shall add an entry to the person's
357+SB 182—LS 6838/DI 106 9
358+1 record of arrest, conviction, or sentence in the criminal history data
359+2 base stating that the record is marked as expunged. Nothing in this
360+3 chapter prevents the bureau of motor vehicles from reporting
361+4 information about a conviction for a violation of a traffic control law
362+5 to the Commercial Drivers License Information System (CDLIS), in
363+6 accordance with federal law, even if the conviction has been expunged
364+7 under section 4 or 5 of this chapter.
365+8 (d) If the court issues an order granting a petition for expungement
366+9 under section 4 or 5 of this chapter, the court shall include in its order
367+10 the information described in section 8(b) of this chapter.
368+11 (e) If a court issues an order granting a petition for expungement
369+12 under sections 4 through 5 of this chapter, the court shall also order any
370+13 related records described in section 1(f) 1(h) of this chapter marked as
371+14 expunged, unless the records described in section 1(f) 1(h) of this
372+15 chapter have been ordered marked as expunged under this section.
373+16 SECTION 4. IC 35-38-9-10, AS AMENDED BY P.L.55-2020,
374+17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
375+18 JULY 1, 2022]: Sec. 10. (a) This section does not apply to a person to
376+19 whom sealed records may be disclosed under section 6(a)(3) of this
377+20 chapter. With respect to a person seeking employment with a law
378+21 enforcement agency or a probation or community corrections
379+22 department, including volunteer employment, subsections (b), (d), (e),
380+23 and (f) do not apply to the law enforcement agency or the probation or
381+24 community corrections department.
382+25 (b) It is unlawful discrimination for any person to:
383+26 (1) suspend;
384+27 (2) expel;
385+28 (3) refuse to employ;
386+29 (4) refuse to admit;
387+30 (5) refuse to grant or renew a license, permit, or certificate
388+31 necessary to engage in any activity, occupation, or profession; or
389+32 (6) otherwise discriminate against;
390+33 any person because of a conviction or arrest record expunged or sealed
391+34 under this chapter.
392+35 (c) Except as provided in section 6(f) of this chapter, the civil rights
393+36 of a person whose conviction has been expunged shall be fully restored,
394+37 including the right to vote, to hold public office, to be a proper person
395+38 under IC 35-47-1-7(2), and to serve as a juror.
396+39 (d) In any application for employment, a license, or other right or
397+40 privilege, a person may be questioned about a previous criminal record
398+41 only in terms that exclude expunged convictions or arrests, such as:
399+42 "Have you ever been arrested for or convicted of a crime that has not
400+SB 182—LS 6838/DI 106 10
401+1 been expunged by a court?".
402+2 (e) A person whose record is expunged shall be treated as if the
403+3 person had never been convicted of the offense. However, upon a
404+4 subsequent arrest or conviction for an unrelated offense, the prior
405+5 expunged conviction:
406+6 (1) may be considered by the court in determining the sentence
407+7 imposed for the new offense;
408+8 (2) is a prior unrelated conviction for purposes of:
409+9 (A) a habitual offender enhancement; and
410+10 (B) enhancing the new offense based on a prior conviction;
411+11 and
412+12 (3) may be admitted as evidence in the proceeding for a new
413+13 offense as if the conviction had not been expunged.
414+14 (f) Any person that discriminates against a person as described in
415+15 subsection (b) commits a Class C infraction and may be held in
416+16 contempt by the court issuing the order of expungement or by any other
417+17 court of general jurisdiction. Any person may file a written motion of
418+18 contempt to bring an alleged violation of this section to the attention of
419+19 a court. In addition, the person is entitled to injunctive relief.
420+20 (g) In any judicial or administrative proceeding alleging negligence
421+21 or other fault, an order of expungement may be introduced as evidence
422+22 of the person's exercise of due care in hiring, retaining, licensing,
423+23 certifying, admitting to a school or program, or otherwise transacting
424+24 business or engaging in activity with the person to whom the order of
425+25 expungement was issued.
426+26 (h) A conviction, including any records relating to the conviction
427+27 and any records concerning a collateral action, that has been expunged
428+28 under this chapter is not admissible as evidence in an action for
429+29 negligent hiring, admission, or licensure against a person or entity who
430+30 relied on the order.
431+31 (i) An expungement case, and all documents filed in the case,
432+32 becomes confidential when the court issues the an expungement order.
433+33 granting the petition. However, until the court issues the an
434+34 expungement order, granting the petition, documents filed in the case
435+35 are not confidential, and any hearing held in the case shall be open.
436+SB 182—LS 6838/DI 106 11
437+COMMITTEE REPORT
438+Madam President: The Senate Committee on Corrections and
439+Criminal Law, to which was referred Senate Bill No. 182, has had the
440+same under consideration and begs leave to report the same back to the
441+Senate with the recommendation that said bill be AMENDED as
442+follows:
443+Page 1, delete lines 1 through 17.
444+Page 2, delete lines 1 through 18.
445+Page 2, line 39, delete "or".
446+Page 2, between lines 39 and 40, begin a new line block indented
447+and insert:
448+"(2) one (1) year has passed since juvenile delinquency
38449 allegations were filed against a child, and:
39450 (A) there is no disposition; and
40-(B) the state is not actively prosecuting the allegations; or
41-(3) in a:
42-(A) criminal trial a defendant is acquitted of all charges, or
43-the defendant's conviction is later vacated; or
44-(B) juvenile proceeding the court finds all allegations not
45-true, or the juvenile's true finding is later vacated;
46-the court shall immediately order all records related to the
47-criminal charges or juvenile delinquency allegations expunged. An
48-expungement order that is issued based on nonprosecution under
49-subdivision (2) goes into effect immediately. An expungement order
50-issued under subdivision (1) or (3) may not go into effect earlier
51-than sixty (60) days from the date of the dismissal, acquittal, or no
52-true finding. However, upon motion by the prosecuting attorney,
53-if the court finds that specific facts exist in the particular case
54-which justify a delay, the court may delay implementation of an
55-expungement order under subdivision (1) or (3) for up to one (1)
56-year from the date of the dismissal, acquittal, or no true finding.
57-(c) This subsection applies to a person arrested after June 30,
58-2022. If:
59-(1) a person is arrested;
60-(2) one hundred eighty (180) days have elapsed since the date
61-of the arrest; and
62-(3) no charges are pending against the person;
63-the prosecuting attorney shall notify a judge exercising criminal
64-jurisdiction in the county (or a designated judge, if applicable) of
65-these facts. Upon receipt of the notification, the judge shall
66-immediately order the expungement of all records related to the
67-arrest.
68-(b) (d) Not earlier than one (1) year after the date of arrest, criminal
69-charge, or juvenile delinquency allegation (whichever is later), if the
70-person was not convicted or adjudicated a delinquent child, or the
71-opinion vacating the conviction or adjudication becomes final, the
72-person may petition the court for expungement of the records related
73-to the arrest, criminal charge, or juvenile delinquency allegation.
74-However, a person may petition the court for expungement at an earlier
75-time if the prosecuting attorney agrees in writing to an earlier time.
76-(c) (e) A petition for expungement of records must be verified and
77-filed in a circuit or superior court in the county where the criminal
78-charges or juvenile delinquency allegation was filed, or if no criminal
79-SEA 182 3
80-charges or juvenile delinquency allegation was filed, in the county
81-where the arrest occurred. The petition must set forth:
82-(1) the date of the arrest, criminal charges, or juvenile
83-delinquency allegation, and conviction (if applicable);
84-(2) the county in which the arrest occurred, the county in which
85-the information or indictment was filed, and the county in which
86-the juvenile delinquency allegation was filed, if applicable;
87-(3) the law enforcement agency employing the arresting officer,
88-if known;
89-(4) the court in which the criminal charges or juvenile
90-delinquency allegation was filed, if applicable;
91-(5) any other known identifying information, such as:
92-(A) the name of the arresting officer;
93-(B) case number or court cause number;
94-(C) any aliases or other names used by the petitioner;
95-(D) the petitioner's driver's license number; and
96-(E) a list of each criminal charge and its disposition, if
97-applicable;
98-(6) the date of the petitioner's birth; and
99-(7) the petitioner's Social Security number.
100-A person who files a petition under this section is not required to pay
101-a filing fee.
102-(d) (f) The court shall serve a copy of the petition on the prosecuting
103-attorney.
104-(e) (g) Upon receipt of a petition for expungement, the court:
105-(1) may summarily deny the petition if the petition does not meet
106-the requirements of this section, or if the statements contained in
107-the petition indicate that the petitioner is not entitled to relief; and
108-(2) shall grant the petition unless:
109-(A) the conditions described in subsection (a) have not been
110-met; or
111-(B) criminal charges are pending against the person.
112-(f) (h) Whenever the petition of a person under this section is
113-granted, or if an expungement order is issued without a petition
114-under subsection (b) or (c):
115-(1) no information concerning the arrest, criminal charges,
116-juvenile delinquency allegation, vacated conviction, or vacated
117-juvenile delinquency adjudication (including information from a
118-collateral action that identifies the petitioner), may be placed or
119-retained in any state central repository for criminal history
120-information or in any other alphabetically arranged criminal
121-history information system maintained by a local, regional, or
122-SEA 182 4
123-statewide law enforcement agency;
124-(2) the clerk of the supreme court shall seal or redact any records
125-in the clerk's possession that relate to the arrest, criminal charges,
126-juvenile delinquency allegation, vacated conviction, or vacated
127-juvenile delinquency adjudication;
128-(3) the records of:
129-(A) the sentencing court;
130-(B) a court that conducted a collateral action;
131-(C) a juvenile court;
132-(D) a court of appeals; and
133-(E) the supreme court;
134-concerning the person shall be redacted or permanently sealed;
135-and
136-(4) with respect to the records of a person who is named as an
137-appellant or an appellee in an opinion or memorandum decision
138-by the supreme court or the court of appeals, or who is identified
139-in a collateral action, the court shall:
140-(A) redact the opinion or memorandum decision as it appears
141-on the computer gateway administered by the office of
142-technology so that it does not include the petitioner's name (in
143-the same manner that opinions involving juveniles are
144-redacted); and
145-(B) provide a redacted copy of the opinion to any publisher or
146-organization to whom the opinion or memorandum decision is
147-provided after the date of the order of expungement.
148-The supreme court and the court of appeals are not required to
149-redact, destroy, or otherwise dispose of any existing copy of an
150-opinion or memorandum decision that includes the petitioner's
151-name.
152-(g) (i) If the court issues an order granting a petition for
153-expungement under this section, or issues an order for expungement
154-without a petition under subsection (b) or (c), the order must include
155-the information described in subsection (c). subsection (e).
156-(h) (j) If a person whose records are expunged brings an action that
157-might be defended with the contents of the expunged records, the
158-defendant is presumed to have a complete defense to the action. In
159-order for the plaintiff to recover, the plaintiff must show that the
160-contents of the expunged records would not exonerate the defendant.
161-The plaintiff may be required to state under oath whether the plaintiff
162-had records in the criminal or juvenile justice system and whether
163-those records were expunged. If the plaintiff denies the existence of the
164-records, the defendant may prove their existence in any manner
165-SEA 182 5
166-compatible with the law of evidence.
167-SECTION 2. IC 35-38-9-6, AS AMENDED BY P.L.219-2019,
168-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169-JULY 1, 2022]: Sec. 6. (a) If the court orders conviction records,
170-including any records relating to the conviction and any records
171-concerning a collateral action, expunged under sections 2 through 3 of
172-this chapter, the court shall do the following with respect to the specific
173-records expunged by the court:
174-(1) Order:
175-(A) the department of correction;
176-(B) the bureau of motor vehicles; and
177-(C) each:
178-(i) law enforcement agency; and
179-(ii) other person;
180-who incarcerated, prosecuted, provided treatment for, or
181-provided other services for the person under an order of the
182-court;
183-to prohibit the release of the person's records or information in the
184-person's records to anyone without a court order, other than a law
185-enforcement officer acting in the course of the officer's official
186-duty.
187-(2) Order the central repository for criminal history information
188-maintained by the state police department to seal the person's
189-expunged conviction records, including information related to:
190-(A) an arrest or offense:
191-(i) in which no conviction was entered; and
192-(ii) that was committed as part of the same episode of
193-criminal conduct as the case ordered expunged; and
194-(B) any other references to any matters related to the case
195-ordered expunged, including in a collateral action.
196-This subdivision does not require the state police department to
197-seal any record the state police department does not have legal
198-authority to seal.
199-(3) Records sealed under subdivision (2) may be disclosed only
200-to:
201-(A) a prosecuting attorney, if:
202-(i) authorized by a court order; and
203-(ii) needed to carry out the official duties of the prosecuting
204-attorney;
205-(B) a defense attorney, if:
206-(i) authorized by a court order; and
207-(ii) needed to carry out the professional duties of the defense
208-SEA 182 6
209-attorney;
210-(C) a probation department, if:
211-(i) authorized by a court order; and
212-(ii) necessary to prepare a presentence report;
213-(D) the Federal Bureau of Investigation and the Department of
214-Homeland Security, if disclosure is required to comply with an
215-agreement relating to the sharing of criminal history
216-information;
217-(E) the:
218-(i) supreme court;
219-(ii) members of the state board of law examiners;
220-(iii) executive director of the state board of law examiners;
221-and
222-(iv) employees of the state board of law examiners, in
223-accordance with rules adopted by the state board of law
224-examiners;
225-for the purpose of determining whether an applicant possesses
226-the necessary good moral character for admission to the bar;
227-(F) a person required to access expunged records to comply
228-with the Secure and Fair Enforcement for Mortgage Licensing
229-Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
230-Secure and Fair Enforcement for Mortgage Licensing Act; and
231-(G) the bureau of motor vehicles, the Federal Motor Carrier
232-Administration, and the Commercial Drivers License
233-Information System (CDLIS), if disclosure is required to
234-comply with federal law relating to reporting a conviction for
235-a violation of a traffic control law.
236-(4) Notify the clerk of the supreme court to seal any records in the
237-clerk's possession that relate to the conviction, including any
238-records concerning a collateral action.
239-A probation department may provide an unredacted version of a
240-presentence report disclosed under subdivision (3)(C) to any person
241-authorized by law to receive a presentence report.
242-(b) Except as provided in subsection (c), if a petition to expunge
243-conviction records, including any records relating to the conviction and
244-any records concerning a collateral action, is granted under sections 2
245-through 3 of this chapter, the records of:
246-(1) the sentencing court;
247-(2) a court that conducted a collateral action;
248-(3) a juvenile court;
249-(4) a court of appeals; and
250-(5) the supreme court;
251-SEA 182 7
252-concerning the person shall be permanently sealed. However, a petition
253-for expungement granted under sections 2 through 3 of this chapter
254-does not affect an existing or pending driver's license suspension.
255-(c) If a petition to expunge conviction records, including any records
256-relating to the conviction and any records concerning a collateral
257-action, is granted under sections 2 through 3 of this chapter with
258-respect to the records of a person who is named as an appellant or an
259-appellee in an opinion or memorandum decision by the supreme court
260-or the court of appeals, or who is identified in a collateral action, the
261-court shall:
262-(1) redact the opinion or memorandum decision as it appears on
263-the computer gateway administered by the office of technology so
264-that it does not include the petitioner's name (in the same manner
265-that opinions involving juveniles are redacted); and
266-(2) provide a redacted copy of the opinion to any publisher or
267-organization to whom the opinion or memorandum decision is
268-provided after the date of the order of expungement.
269-The supreme court and court of appeals are not required to destroy or
270-otherwise dispose of any existing copy of an opinion or memorandum
271-decision that includes the petitioner's name.
272-(d) Notwithstanding subsection (b), a prosecuting attorney may
273-submit a written application to a court that granted an expungement
274-petition under this chapter to gain access to any records that were
275-permanently sealed under subsection (b), if the records are relevant in
276-a new prosecution of the person. If a prosecuting attorney who submits
277-a written application under this subsection shows that the records are
278-relevant for a new prosecution of the person, the court that granted the
279-expungement petition shall:
280-(1) order the records to be unsealed; and
281-(2) allow the prosecuting attorney who submitted the written
282-application to have access to the records.
283-If a court orders records to be unsealed under this subsection, the court
284-shall order the records to be permanently resealed at the earliest
285-possible time after the reasons for unsealing the records cease to exist.
286-However, if the records are admitted as evidence against the person in
287-a new prosecution that results in the person's conviction, or are used to
288-enhance a sentence imposed on the person in a new prosecution, the
289-court is not required to reseal the records.
290-(e) If a person whose conviction records, including any records
291-relating to the conviction and any records concerning a collateral
292-action, are expunged under sections 2 through 5 of this chapter is
293-required to register as a sex offender based on the commission of a
294-SEA 182 8
295-felony which has been expunged:
296-(1) the expungement does not affect the operation of the sex
297-offender registry web site, any person's ability to access the
298-person's records, records required to be maintained concerning
299-sex or violent offenders, or any registration requirement imposed
300-on the person; and
301-(2) the expunged conviction records must be clearly marked as
302-expunged on the sex offender registry web site.
303-(f) Expungement of a crime of domestic violence under section 2 of
304-this chapter does not restore a person's right to possess a firearm. The
305-right of a person convicted of a crime of domestic violence to possess
306-a firearm may be restored only in accordance with IC 35-47-4-7.
307-(g) If a court issues an order granting a petition for expungement
308-under sections 2 through 3 of this chapter, the court shall also order any
309-related records described in section 1(f) 1(h) of this chapter sealed or
310-redacted in the manner described in section 1 of this chapter, unless the
311-records described in section 1(f) 1(h) of this chapter have been ordered
312-sealed and redacted under this section.
313-(h) If the court issues an order granting a petition for expungement
314-under sections 2 through 3 of this chapter, the court shall include in its
315-order the information described in section 8(b) of this chapter.
316-SECTION 3. IC 35-38-9-7, AS AMENDED BY P.L.219-2019,
317-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
318-JULY 1, 2022]: Sec. 7. (a) This section applies only to a person who
319-has filed a petition for expungement under section 4 or 5 of this chapter
320-and whose records have been ordered marked as expunged.
321-(b) The court records and other public records relating to the arrest,
322-conviction, or sentence of a person whose conviction records, including
323-any records relating to the conviction and any records concerning a
324-collateral action, have been marked as expunged remain public records.
325-However, the court shall order that the records be clearly and visibly
326-marked or identified as being expunged. A petition for expungement
327-granted under sections 4 through 5 of this chapter does not affect an
328-existing or pending driver's license suspension.
329-(c) The state police department, the bureau of motor vehicles, and
330-any other law enforcement agency in possession of records that relate
331-to the conviction, including any records concerning a collateral action,
332-ordered to be marked as expunged shall add an entry to the person's
333-record of arrest, conviction, or sentence in the criminal history data
334-base stating that the record is marked as expunged. Nothing in this
335-chapter prevents the bureau of motor vehicles from reporting
336-information about a conviction for a violation of a traffic control law
337-SEA 182 9
338-to the Commercial Drivers License Information System (CDLIS), in
339-accordance with federal law, even if the conviction has been expunged
340-under section 4 or 5 of this chapter.
341-(d) If the court issues an order granting a petition for expungement
342-under section 4 or 5 of this chapter, the court shall include in its order
343-the information described in section 8(b) of this chapter.
344-(e) If a court issues an order granting a petition for expungement
345-under sections 4 through 5 of this chapter, the court shall also order any
346-related records described in section 1(f) 1(h) of this chapter marked as
347-expunged, unless the records described in section 1(f) 1(h) of this
348-chapter have been ordered marked as expunged under this section.
349-SECTION 4. IC 35-38-9-10, AS AMENDED BY P.L.55-2020,
350-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
351-JULY 1, 2022]: Sec. 10. (a) This section does not apply to a person to
352-whom sealed records may be disclosed under section 6(a)(3) of this
353-chapter. With respect to a person seeking employment with a law
354-enforcement agency or a probation or community corrections
355-department, including volunteer employment, subsections (b), (d), (e),
356-and (f) do not apply to the law enforcement agency or the probation or
357-community corrections department.
358-(b) It is unlawful discrimination for any person to:
359-(1) suspend;
360-(2) expel;
361-(3) refuse to employ;
362-(4) refuse to admit;
363-(5) refuse to grant or renew a license, permit, or certificate
364-necessary to engage in any activity, occupation, or profession; or
365-(6) otherwise discriminate against;
366-any person because of a conviction or arrest record expunged or sealed
367-under this chapter.
368-(c) Except as provided in section 6(f) of this chapter, the civil rights
369-of a person whose conviction has been expunged shall be fully restored,
370-including the right to vote, to hold public office, to be a proper person
371-under IC 35-47-1-7(2), and to serve as a juror.
372-(d) In any application for employment, a license, or other right or
373-privilege, a person may be questioned about a previous criminal record
374-only in terms that exclude expunged convictions or arrests, such as:
375-"Have you ever been arrested for or convicted of a crime that has not
376-been expunged by a court?".
377-(e) A person whose record is expunged shall be treated as if the
378-person had never been convicted of the offense. However, upon a
379-subsequent arrest or conviction for an unrelated offense, the prior
380-SEA 182 10
381-expunged conviction:
382-(1) may be considered by the court in determining the sentence
383-imposed for the new offense;
384-(2) is a prior unrelated conviction for purposes of:
385-(A) a habitual offender enhancement; and
386-(B) enhancing the new offense based on a prior conviction;
387-and
388-(3) may be admitted as evidence in the proceeding for a new
389-offense as if the conviction had not been expunged.
390-(f) Any person that discriminates against a person as described in
391-subsection (b) commits a Class C infraction and may be held in
392-contempt by the court issuing the order of expungement or by any other
393-court of general jurisdiction. Any person may file a written motion of
394-contempt to bring an alleged violation of this section to the attention of
395-a court. In addition, the person is entitled to injunctive relief.
396-(g) In any judicial or administrative proceeding alleging negligence
397-or other fault, an order of expungement may be introduced as evidence
398-of the person's exercise of due care in hiring, retaining, licensing,
399-certifying, admitting to a school or program, or otherwise transacting
400-business or engaging in activity with the person to whom the order of
401-expungement was issued.
402-(h) A conviction, including any records relating to the conviction
403-and any records concerning a collateral action, that has been expunged
404-under this chapter is not admissible as evidence in an action for
405-negligent hiring, admission, or licensure against a person or entity who
406-relied on the order.
407-(i) An expungement case, and all documents filed in the case,
408-becomes confidential when the court issues the an expungement order.
409-granting the petition. However, until the court issues the an
410-expungement order, granting the petition, documents filed in the case
411-are not confidential, and any hearing held in the case shall be open.
412-SEA 182 President of the Senate
413-President Pro Tempore
414-Speaker of the House of Representatives
415-Governor of the State of Indiana
416-Date: Time:
417-SEA 182
451+(B) the state is not actively prosecuting the allegations; or".
452+Page 2, line 40, delete "(2)" and insert "(3)".
453+Page 2, line 41, delete "charges;" and insert "charges, or the
454+defendant's conviction is later vacated;".
455+Page 3, line 1, delete "true;" and insert "true, or the juvenile's true
456+finding is later vacated;".
457+Page 3, line 3, after "expunged." insert "An expungement order
458+that is issued based on nonprosecution under subdivision (2) goes
459+into effect immediately.".
460+Page 3, line 4, delete "this subsection" and insert "subdivision (1)
461+or (3)".
462+Page 3, line 9, delete "the" and insert "an".
463+Page 3, line 9, after "order" insert "under subdivision (1) or (3)".
464+Page 3, line 14, delete "sixty (60)" and insert "one hundred eighty
465+(180)".
466+Renumber all SECTIONS consecutively.
467+and when so amended that said bill do pass.
468+(Reference is to SB 182 as introduced.)
469+YOUNG M, Chairperson
470+Committee Vote: Yeas 9, Nays 0.
471+SB 182—LS 6838/DI 106