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Indiana House Bill HB1487

Indiana 2025 Regular Session

Indiana House Bill HB1487 Compare Versions

Only one version of the bill is available at this time.
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11
22 Introduced Version
33 HOUSE BILL No. 1487
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 31-39; IC 35-38-9.
77 Synopsis: Expungement. Specifies that certain records relating to
88 juvenile delinquency proceedings are accessible to a law enforcement
99 officer acting within the scope of the officer's duties, and requires
1010 persons having custody of these records to take steps to ensure that
1111 these records are available to the law enforcement officer in a timely
1212 manner. Repeals a provision requiring a court to expunge certain
1313 records on the court's own motion. Prohibits the expungement of a
1414 crime of violence. Allows the expungement of official misconduct if:
1515 (1) the person seeking the expungement is not an elected official; and
1616 (2) the prosecuting attorney consents.
1717 Effective: July 1, 2025.
1818 Steuerwald
1919 January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
2020 2025 IN 1487—LS 6887/DI 106 Introduced
2121 First Regular Session of the 124th General Assembly (2025)
2222 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2323 Constitution) is being amended, the text of the existing provision will appear in this style type,
2424 additions will appear in this style type, and deletions will appear in this style type.
2525 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2626 provision adopted), the text of the new provision will appear in this style type. Also, the
2727 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2828 a new provision to the Indiana Code or the Indiana Constitution.
2929 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3030 between statutes enacted by the 2024 Regular Session of the General Assembly.
3131 HOUSE BILL No. 1487
3232 A BILL FOR AN ACT to amend the Indiana Code concerning
3333 criminal law and procedure.
3434 Be it enacted by the General Assembly of the State of Indiana:
3535 1 SECTION 1. IC 31-39-2-5.5 IS ADDED TO THE INDIANA CODE
3636 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3737 3 1, 2025]: Sec. 5.5. The records of the juvenile court relating to a
3838 4 delinquency proceeding are available without a court order to a
3939 5 law enforcement officer acting within the scope of the officer's
4040 6 duties. The juvenile court shall cooperate with a law enforcement
4141 7 agency to ensure that these records are accessible from the mobile
4242 8 terminal of a law enforcement officer, and are otherwise available
4343 9 to a law enforcement officer acting within the scope of the officer's
4444 10 duties in a timely manner.
4545 11 SECTION 2. IC 31-39-4-2 IS AMENDED TO READ AS
4646 12 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The records of a
4747 13 law enforcement agency are available, without specific permission
4848 14 from the head of the agency, to a law enforcement officer acting within
4949 15 the scope of the officer's lawful duties.
5050 16 (b) The law enforcement agency shall ensure that the records
5151 17 are accessible from the mobile terminal of a law enforcement
5252 2025 IN 1487—LS 6887/DI 106 2
5353 1 officer, and are otherwise available to a law enforcement officer
5454 2 acting within the scope of the officer's duties in a timely manner.
5555 3 SECTION 3. IC 31-39-8-2, AS AMENDED BY P.L.86-2017,
5656 4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5757 5 JULY 1, 2025]: Sec. 2. (a) Any person may petition a juvenile court at
5858 6 any time to remove from:
5959 7 (1) the court's files;
6060 8 (2) the files of law enforcement agencies; and
6161 9 (3) the files of any other person who has provided services to a
6262 10 child under a court order;
6363 11 those records pertaining to the person's involvement in juvenile court
6464 12 proceedings that are not delinquency proceedings.
6565 13 (b) Any person may petition a juvenile court at any time to seal
6666 14 records relating to a delinquency proceeding that are maintained
6767 15 in:
6868 16 (1) the court's files; and
6969 17 (2) the files of law enforcement agencies.
7070 18 Sealed records under this subsection shall be made available to a
7171 19 law enforcement officer acting within the scope of the officer's
7272 20 duties, but may not be made available to the public without a court
7373 21 order.
7474 22 (b) Under this section (c) Electronic records not relating to a
7575 23 delinquency proceeding shall be removed to a secure data base to
7676 24 which the public or another person not having legal or statutory
7777 25 authority to access the records is not granted access to the data base.
7878 26 SECTION 4. IC 31-39-8-3.5 IS REPEALED [EFFECTIVE JULY
7979 27 1, 2025]. Sec. 3.5. (a) This section does not apply to the records of a
8080 28 child adjudicated a delinquent child for committing an act that would
8181 29 be:
8282 30 (1) a felony if committed by an adult;
8383 31 (2) a violation of IC 35-47-2; or
8484 32 (3) a violation of IC 35-47-10.
8585 33 (b) This section applies to the records of a child adjudicated a
8686 34 delinquent child after June 30, 2021.
8787 35 (c) When a child reaches nineteen (19) years of age, or one (1) year
8888 36 after the date on which the juvenile court discharges the child under
8989 37 IC 31-37-20-7, whichever is later, the court shall, on its own motion
9090 38 and without holding a hearing, order expungement of the records
9191 39 relating to the child's delinquency adjudication that are not excluded
9292 40 under subsection (a) within sixty (60) days, unless the court finds,
9393 41 based on the nature of the delinquent act and the needs of the child,
9494 42 that automatic expungement under this section would not serve the
9595 2025 IN 1487—LS 6887/DI 106 3
9696 1 interests of justice.
9797 2 (d) The expungement provisions in this section supplement and are
9898 3 in addition to expungement provisions located elsewhere in this
9999 4 chapter. A person entitled to expungement of delinquency records
100100 5 under this section may also seek expungement under any other
101101 6 applicable section of this chapter.
102102 7 SECTION 5. IC 31-39-8-5 IS AMENDED TO READ AS
103103 8 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This subsection
104104 9 applies to an expungement petition that does not relate to a
105105 10 delinquency proceeding. If the court grants the expungement petition,
106106 11 the court shall order each law enforcement agency and each person
107107 12 who provided treatment for the child under an order of the court to send
108108 13 that person's records to the court.
109109 14 (b) This subsection applies to an expungement petition that
110110 15 relates to a delinquency proceeding. If the court grants the
111111 16 expungement petition, the court shall order each person who
112112 17 provided treatment for the child under an order of the court to
113113 18 send that person's records to the court.
114114 19 SECTION 6. IC 31-39-8-6, AS AMENDED BY P.L.157-2021,
115115 20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116116 21 JULY 1, 2025]: Sec. 6. (a) This section does not apply to records
117117 22 relating to a delinquency proceeding. Subject to subsections (b) and
118118 23 (c), the records shall be destroyed upon a grant of an expungement
119119 24 petition by the court. including an expungement order issued under
120120 25 section 3.5 of this chapter.
121121 26 (b) Data from the records in subsection (a) shall be maintained by
122122 27 the court on a secure data base that does not enable identification of the
123123 28 offender to the public or another person not having legal or statutory
124124 29 authority to access the records.
125125 30 (c) The records maintained in the data base under subsection (b)
126126 31 may be used only for statistical analysis, research, and financial
127127 32 auditing purposes.
128128 33 SECTION 7. IC 31-39-8-6.5 IS ADDED TO THE INDIANA CODE
129129 34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
130130 35 1, 2025]: Sec. 6.5. (a) This section applies to records relating to a
131131 36 delinquency proceeding. Records relating to a delinquency
132132 37 proceeding shall be sealed upon a grant of an expungement petition
133133 38 by the court. Sealed records under this section shall be made
134134 39 available to a law enforcement officer acting within the scope of the
135135 40 officer's duties, but, except as provided in subsections (b) and (c),
136136 41 may not be made available to the public without a court order.
137137 42 (b) The court may maintain data from the records in subsection
138138 2025 IN 1487—LS 6887/DI 106 4
139139 1 (a) on a secure data base, separate from the data base to which a
140140 2 law enforcement officer and persons with a court order have
141141 3 access, that does not enable identification of the offender to the
142142 4 public or another person not having legal or statutory authority to
143143 5 access the records.
144144 6 (c) The records maintained in the data base under subsection (b)
145145 7 may be used only for statistical analysis, research, and financial
146146 8 auditing purposes.
147147 9 SECTION 8. IC 31-39-8-8 IS ADDED TO THE INDIANA CODE
148148 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
149149 11 1, 2025]: Sec. 8. A person having custody of sealed records relating
150150 12 to a delinquency proceeding shall cooperate with a law
151151 13 enforcement agency to ensure that these records are accessible
152152 14 from the mobile terminal of a law enforcement officer, and are
153153 15 otherwise available to a law enforcement officer acting within the
154154 16 scope of the officer's duties in a timely manner.
155155 17 SECTION 9. IC 35-38-9-2, AS AMENDED BY P.L.55-2020,
156156 18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157157 19 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b) and
158158 20 section 8.5 of this chapter, this section applies only to a person
159159 21 convicted of a misdemeanor, including a Class D felony (for a crime
160160 22 committed before July 1, 2014) or a Level 6 felony (for a crime
161161 23 committed after June 30, 2014) reduced to a misdemeanor.
162162 24 (b) This section does not apply to the following:
163163 25 (1) A person convicted of two (2) or more felony offenses that:
164164 26 (A) involved the unlawful use of a deadly weapon; and
165165 27 (B) were not committed as part of the same episode of criminal
166166 28 conduct.
167167 29 (2) A sex or violent offender (as defined in IC 11-8-8-5).
168168 30 (3) A person convicted of a crime of violence (IC 35-50-1-2).
169169 31 (c) Not earlier than five (5) years after the date of conviction (unless
170170 32 the prosecuting attorney consents in writing to an earlier period) for the
171171 33 misdemeanor or the felony reduced to a misdemeanor pursuant to
172172 34 IC 35-38-1-1.5 or IC 35-50-2-7, the person convicted of the
173173 35 misdemeanor or the felony reduced to a misdemeanor may petition a
174174 36 court to expunge all conviction records, including records contained in:
175175 37 (1) a court's files;
176176 38 (2) the files of the department of correction;
177177 39 (3) the files of the bureau of motor vehicles; and
178178 40 (4) the files of any other person who provided treatment or
179179 41 services to the petitioning person under a court order;
180180 42 that relate to the person's misdemeanor conviction, including records
181181 2025 IN 1487—LS 6887/DI 106 5
182182 1 of a collateral action.
183183 2 (d) A person who files a petition to expunge conviction records,
184184 3 including any records relating to the conviction and any records
185185 4 concerning a collateral action, shall file the petition in a circuit or
186186 5 superior court in the county of conviction.
187187 6 (e) If the court finds by a preponderance of the evidence that:
188188 7 (1) the period required by this section has elapsed;
189189 8 (2) no charges are pending against the person;
190190 9 (3) the person has paid all fines, fees, and court costs, and
191191 10 satisfied any restitution obligation placed on the person as part of
192192 11 the sentence; and
193193 12 (4) the person has not been convicted of a crime within the
194194 13 previous five (5) years (or within a shorter period agreed to by the
195195 14 prosecuting attorney if the prosecuting attorney has consented to
196196 15 a shorter period under subsection (c));
197197 16 the court shall order the conviction records described in subsection (c),
198198 17 including any records relating to the conviction and any records
199199 18 concerning a collateral action, expunged in accordance with section 6
200200 19 of this chapter.
201201 20 SECTION 10. IC 35-38-9-3, AS AMENDED BY P.L.52-2021,
202202 21 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203203 22 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b) and
204204 23 section 8.5 of this chapter, this section applies only to a person
205205 24 convicted of a Class D felony (for a crime committed before July 1,
206206 25 2014) or a Level 6 felony (for a crime committed after June 30, 2014).
207207 26 This section does not apply to a person if the person's Class D felony
208208 27 or Level 6 felony was reduced to a Class A misdemeanor.
209209 28 (b) This section does not apply to the following:
210210 29 (1) An elected official convicted of an offense while serving the
211211 30 official's term or as a candidate for public office.
212212 31 (2) A sex or violent offender (as defined in IC 11-8-8-5).
213213 32 (3) A person convicted of a felony that resulted in bodily injury to
214214 33 another person.
215215 34 (4) A person convicted of perjury (IC 35-44.1-2-1) or official
216216 35 misconduct (IC 35-44.1-1-1).
217217 36 (5) A person convicted of an offense described in:
218218 37 (A) IC 35-42-1;
219219 38 (B) IC 35-42-3.5; or
220220 39 (C) IC 35-42-4.
221221 40 (6) A person convicted of two (2) or more felony offenses that:
222222 41 (A) involved the unlawful use of a deadly weapon; and
223223 42 (B) were not committed as part of the same episode of criminal
224224 2025 IN 1487—LS 6887/DI 106 6
225225 1 conduct.
226226 2 (7) A person convicted of a crime of violence (IC 35-50-1-2).
227227 3 (c) Not earlier than eight (8) years after the date of conviction
228228 4 (unless the prosecuting attorney consents in writing to an earlier
229229 5 period), the person convicted of the Class D felony or Level 6 felony
230230 6 may petition a court to expunge all conviction records, including
231231 7 records contained in:
232232 8 (1) a court's files;
233233 9 (2) the files of the department of correction;
234234 10 (3) the files of the bureau of motor vehicles; and
235235 11 (4) the files of any other person who provided treatment or
236236 12 services to the petitioning person under a court order;
237237 13 that relate to the person's Class D or Level 6 felony conviction,
238238 14 including records of a collateral action.
239239 15 (d) A person who files a petition to expunge conviction records,
240240 16 including any records relating to the conviction and any records
241241 17 concerning a collateral action, shall file the petition in a circuit or
242242 18 superior court in the county of conviction.
243243 19 (e) If the court finds by a preponderance of the evidence that:
244244 20 (1) the period required by this section has elapsed;
245245 21 (2) no charges are pending against the person;
246246 22 (3) the person has paid all fines, fees, and court costs, and
247247 23 satisfied any restitution obligation placed on the person as part of
248248 24 the sentence; and
249249 25 (4) the person has not been convicted of a felony or misdemeanor
250250 26 within the previous eight (8) years (or within a shorter period
251251 27 agreed to by the prosecuting attorney if the prosecuting attorney
252252 28 has consented to a shorter period under subsection (c));
253253 29 the court shall order the conviction records described in subsection (c),
254254 30 including any records relating to the conviction and any records
255255 31 concerning a collateral action, expunged in accordance with section 6
256256 32 of this chapter.
257257 33 SECTION 11. IC 35-38-9-4, AS AMENDED BY P.L.52-2021,
258258 34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
259259 35 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b) and
260260 36 section 8.5 of this chapter, this section applies only to a person
261261 37 convicted of a felony who may not seek expungement of that felony
262262 38 under section 3 of this chapter.
263263 39 (b) This section does not apply to the following:
264264 40 (1) An elected official convicted of an offense while serving the
265265 41 official's term or as a candidate for public office.
266266 42 (2) A sex or violent offender (as defined in IC 11-8-8-5).
267267 2025 IN 1487—LS 6887/DI 106 7
268268 1 (3) A person convicted of a felony that resulted in serious bodily
269269 2 injury to another person.
270270 3 (4) A person convicted of a felony that resulted in death to
271271 4 another person.
272272 5 (5) A person convicted of official misconduct (IC 35-44.1-1-1).
273273 6 (6) A person convicted of an offense described in:
274274 7 (A) IC 35-42-1;
275275 8 (B) IC 35-42-3.5; or
276276 9 (C) IC 35-42-4.
277277 10 (7) A person convicted of two (2) or more felony offenses that:
278278 11 (A) involved the unlawful use of a deadly weapon; and
279279 12 (B) were not committed as part of the same episode of criminal
280280 13 conduct.
281281 14 (8) A person convicted of a crime of violence (IC 35-50-1-2).
282282 15 (c) Not earlier than the later of eight (8) years from the date of
283283 16 conviction, or three (3) years from the completion of the person's
284284 17 sentence, unless the prosecuting attorney consents in writing to an
285285 18 earlier period, the person convicted of the felony may petition a court
286286 19 to expunge all conviction records, including records contained in:
287287 20 (1) a court's files;
288288 21 (2) the files of the department of correction;
289289 22 (3) the files of the bureau of motor vehicles; and
290290 23 (4) the files of any other person who provided treatment or
291291 24 services to the petitioning person under a court order;
292292 25 that relate to the person's felony conviction, including records of a
293293 26 collateral action.
294294 27 (d) A person who files a petition to expunge conviction records,
295295 28 including any records relating to the conviction and any records
296296 29 concerning a collateral action, shall file the petition in a circuit or
297297 30 superior court in the county of conviction.
298298 31 (e) If the court finds by a preponderance of the evidence that:
299299 32 (1) the period required by this section has elapsed;
300300 33 (2) no charges are pending against the person;
301301 34 (3) the person has paid all fines, fees, and court costs, and
302302 35 satisfied any restitution obligation placed on the person as part of
303303 36 the sentence; and
304304 37 (4) the person has not been convicted of a felony or misdemeanor
305305 38 within the previous eight (8) years (or within a shorter period
306306 39 agreed to by the prosecuting attorney if the prosecuting attorney
307307 40 has consented to a shorter period under subsection (c));
308308 41 the court may order the conviction records described in subsection (c),
309309 42 including any records relating to the conviction and any records
310310 2025 IN 1487—LS 6887/DI 106 8
311311 1 concerning a collateral action, marked as expunged in accordance with
312312 2 section 7 of this chapter. A person whose records have been ordered
313313 3 marked as expunged under this section is considered to have had the
314314 4 person's records expunged for all purposes other than the disposition
315315 5 of the records.
316316 6 SECTION 12. IC 35-38-9-5, AS AMENDED BY P.L.52-2021,
317317 7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
318318 8 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b) and
319319 9 section 8.5 of this chapter, this section applies to a person convicted of
320320 10 a felony, including:
321321 11 (1) an elected official convicted of an offense, other than official
322322 12 misconduct, while serving the official's term or as a candidate for
323323 13 public office; and
324324 14 (2) a person convicted of a felony that resulted in serious bodily
325325 15 injury to another person, if the felony is not a crime of violence
326326 16 (IC 35-50-1-2); and
327327 17 (3) a person convicted of official misconduct, if the person is
328328 18 not an elected official described in subsection (b)(2).
329329 19 (b) This section does not apply to the following:
330330 20 (1) A sex or violent offender (as defined in IC 11-8-8-5).
331331 21 (2) A person An elected official convicted of official misconduct
332332 22 (IC 35-44.1-1-1) while serving the official's term or as a
333333 23 candidate for public office.
334334 24 (3) A person convicted of an offense described in:
335335 25 (A) IC 35-42-1;
336336 26 (B) IC 35-42-3.5; or
337337 27 (C) IC 35-42-4.
338338 28 (4) A person convicted of two (2) or more felony offenses that:
339339 29 (A) involved the unlawful use of a deadly weapon; and
340340 30 (B) were not committed as part of the same episode of criminal
341341 31 conduct.
342342 32 (5) A person convicted of a felony that resulted in death to
343343 33 another person.
344344 34 (6) A person convicted of a crime of violence (IC 35-50-1-2).
345345 35 (c) Not earlier than the later of ten (10) years from the date of
346346 36 conviction, or five (5) years from the completion of the person's
347347 37 sentence, unless the prosecuting attorney consents in writing to an
348348 38 earlier period, the person convicted of the felony may petition a court
349349 39 to expunge all conviction records, including records contained in:
350350 40 (1) a court's files;
351351 41 (2) the files of the department of correction;
352352 42 (3) the files of the bureau of motor vehicles; and
353353 2025 IN 1487—LS 6887/DI 106 9
354354 1 (4) the files of any other person who provided treatment or
355355 2 services to the petitioning person under a court order;
356356 3 that relate to the person's felony conviction, including records of a
357357 4 collateral action.
358358 5 (d) A person who files a petition to expunge conviction records,
359359 6 including any records relating to the conviction and any records
360360 7 concerning a collateral action, shall file the petition in a circuit or
361361 8 superior court in the county of conviction.
362362 9 (e) If the court finds by a preponderance of the evidence that:
363363 10 (1) the period required by this section has elapsed;
364364 11 (2) no charges are pending against the person;
365365 12 (3) the person has paid all fines, fees, and court costs, and
366366 13 satisfied any restitution obligation placed on the person as part of
367367 14 the sentence;
368368 15 (4) the person has not been convicted of a felony or misdemeanor
369369 16 within the previous ten (10) years (or within a shorter period
370370 17 agreed to by the prosecuting attorney if the prosecuting attorney
371371 18 has consented to a shorter period under subsection (c)); and
372372 19 (5) the prosecuting attorney has consented in writing to the
373373 20 expungement of the person's criminal records;
374374 21 the court may order the conviction records described in subsection (c),
375375 22 including any records relating to the conviction and any records
376376 23 concerning a collateral action, marked as expunged in accordance with
377377 24 section 7 of this chapter. A person whose records have been ordered
378378 25 marked as expunged under this section is considered to have had the
379379 26 person's records expunged for all purposes other than the disposition
380380 27 of the records.
381381 2025 IN 1487—LS 6887/DI 106