Indiana 2025 Regular Session

Indiana Senate Bill SB0139 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 139
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2-294; IC 35-38-9-6.
7	7	Synopsis: Expungement and firearms. Specifies, for purposes of the
8	8	expungement statute, that a person whose conviction for a serious
9	9	violent felony involving the possession or use of a firearm is expunged
10	10	is entitled to restoration of the person's right to possess a firearm only
11	11	if the court finds, following a hearing, that restoration of the person's
12	12	right to possess a firearm is unlikely to present a danger to the public.
13	13	Effective: July 1, 2025.
14	14	Crider
15	15	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
16	16	Law.
17	17	2025 IN 139—LS 6349/DI 106 Introduced
18	18	First Regular Session of the 124th General Assembly (2025)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2024 Regular Session of the General Assembly.
28	28	SENATE BILL No. 139
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	criminal law and procedure.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 35-31.5-2-294, AS AMENDED BY P.L.142-2020,
33	33	2 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2025]: Sec. 294. "Serious violent felony", for purposes of
35	35	4 IC 35-38-9, IC 35-47-4-5, and IC 35-47-4-9, has the meaning set forth
36	36	5 in IC 35-47-4-5.
37	37	6 SECTION 2. IC 35-38-9-6, AS AMENDED BY P.L.185-2023,
38	38	7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	8 JULY 1, 2025]: Sec. 6. (a) If the court orders conviction records,
40	40	9 including any records relating to the conviction and any records
41	41	10 concerning a collateral action, expunged under sections 2 through 3 of
42	42	11 this chapter, the court shall do the following with respect to the specific
43	43	12 records expunged by the court:
44	44	13 (1) Order:
45	45	14 (A) the department of correction;
46	46	15 (B) the bureau of motor vehicles; and
47	47	16 (C) each:
48	48	17 (i) law enforcement agency; and
49	49	2025 IN 139—LS 6349/DI 106 2
50	50	1 (ii) other person;
51	51	2 who incarcerated, prosecuted, provided treatment for, or
52	52	3 provided other services for the person under an order of the
53	53	4 court;
54	54	5 to prohibit the release of the person's records or information in the
55	55	6 person's records to anyone without a court order, other than a law
56	56	7 enforcement officer acting in the course of the officer's official
57	57	8 duty.
58	58	9 (2) Order the central repository for criminal history information
59	59	10 maintained by the state police department to seal the person's
60	60	11 expunged conviction records, including information related to:
61	61	12 (A) an arrest or offense:
62	62	13 (i) in which no conviction was entered; and
63	63	14 (ii) that was committed as part of the same episode of
64	64	15 criminal conduct as the case ordered expunged; and
65	65	16 (B) any other references to any matters related to the case
66	66	17 ordered expunged, including in a collateral action.
67	67	18 This subdivision does not require the state police department to
68	68	19 seal any record the state police department does not have legal
69	69	20 authority to seal.
70	70	21 (3) Records sealed under subdivision (2) may be disclosed only
71	71	22 to:
72	72	23 (A) a prosecuting attorney, if:
73	73	24 (i) authorized by a court order; and
74	74	25 (ii) needed to carry out the official duties of the prosecuting
75	75	26 attorney;
76	76	27 (B) a defense attorney, if:
77	77	28 (i) authorized by a court order; and
78	78	29 (ii) needed to carry out the professional duties of the defense
79	79	30 attorney;
80	80	31 (C) a probation department, if:
81	81	32 (i) authorized by a court order; and
82	82	33 (ii) necessary to prepare a presentence report;
83	83	34 (D) the Federal Bureau of Investigation and the Department of
84	84	35 Homeland Security, if disclosure is required to comply with an
85	85	36 agreement relating to the sharing of criminal history
86	86	37 information;
87	87	38 (E) the:
88	88	39 (i) supreme court;
89	89	40 (ii) members of the state board of law examiners;
90	90	41 (iii) executive director of the state board of law examiners;
91	91	42 and
92	92	2025 IN 139—LS 6349/DI 106 3
93	93	1 (iv) employees of the state board of law examiners, in
94	94	2 accordance with rules adopted by the state board of law
95	95	3 examiners;
96	96	4 for the purpose of determining whether an applicant possesses
97	97	5 the necessary good moral character for admission to the bar;
98	98	6 (F) a person required to access expunged records to comply
99	99	7 with the Secure and Fair Enforcement for Mortgage Licensing
100	100	8 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
101	101	9 Secure and Fair Enforcement for Mortgage Licensing Act;
102	102	10 (G) the bureau of motor vehicles, the Federal Motor Carrier
103	103	11 Administration, and the Commercial Drivers License
104	104	12 Information System (CDLIS), if disclosure is required to
105	105	13 comply with federal law relating to reporting a conviction for
106	106	14 a violation of a traffic control law; and
107	107	15 (H) a school (as defined in IC 22-4-2-37), for the purpose of
108	108	16 determining whether to:
109	109	17 (i) employ a person seeking employment, including
110	110	18 volunteer employment, with the school;
111	111	19 (ii) continue a person's employment, including volunteer
112	112	20 employment at the school; or
113	113	21 (iii) grant access or admission to the school to an applicant
114	114	22 contractor or a contractor;
115	115	23 if the person, contractor, or applicant contractor is likely to
116	116	24 have contact with a student enrolled in the school, regardless
117	117	25 of the age of the student.
118	118	26 (4) Notify the clerk of the supreme court to seal any records in the
119	119	27 clerk's possession that relate to the conviction, including any
120	120	28 records concerning a collateral action.
121	121	29 A probation department may provide an unredacted version of a
122	122	30 presentence report disclosed under subdivision (3)(C) to any person
123	123	31 authorized by law to receive a presentence report.
124	124	32 (b) Except as provided in subsection (c), if a petition to expunge
125	125	33 conviction records, including any records relating to the conviction and
126	126	34 any records concerning a collateral action, is granted under sections 2
127	127	35 through 3 of this chapter, the records of:
128	128	36 (1) the sentencing court;
129	129	37 (2) a court that conducted a collateral action;
130	130	38 (3) a juvenile court;
131	131	39 (4) a court of appeals; and
132	132	40 (5) the supreme court;
133	133	41 concerning the person shall be permanently sealed. However, a petition
134	134	42 for expungement granted under sections 2 through 3 of this chapter
135	135	2025 IN 139—LS 6349/DI 106 4
136	136	1 does not affect an existing or pending driver's license suspension.
137	137	2 (c) If a petition to expunge conviction records, including any records
138	138	3 relating to the conviction and any records concerning a collateral
139	139	4 action, is granted under sections 2 through 3 of this chapter with
140	140	5 respect to the records of a person who is named as an appellant or an
141	141	6 appellee in an opinion or memorandum decision by the supreme court
142	142	7 or the court of appeals, or who is identified in a collateral action, the
143	143	8 court shall:
144	144	9 (1) redact the opinion or memorandum decision as it appears on
145	145	10 the computer gateway administered by the office of technology so
146	146	11 that it does not include the petitioner's name (in the same manner
147	147	12 that opinions involving juveniles are redacted); and
148	148	13 (2) provide a redacted copy of the opinion to any publisher or
149	149	14 organization to whom the opinion or memorandum decision is
150	150	15 provided after the date of the order of expungement.
151	151	16 The supreme court and court of appeals are not required to destroy or
152	152	17 otherwise dispose of any existing copy of an opinion or memorandum
153	153	18 decision that includes the petitioner's name.
154	154	19 (d) Notwithstanding subsection (b), a prosecuting attorney may
155	155	20 submit a written application to a court that granted an expungement
156	156	21 petition under this chapter to gain access to any records that were
157	157	22 permanently sealed under subsection (b), if the records are relevant in
158	158	23 a new prosecution of the person. If a prosecuting attorney who submits
159	159	24 a written application under this subsection shows that the records are
160	160	25 relevant for a new prosecution of the person, the court that granted the
161	161	26 expungement petition shall:
162	162	27 (1) order the records to be unsealed; and
163	163	28 (2) allow the prosecuting attorney who submitted the written
164	164	29 application to have access to the records.
165	165	30 If a court orders records to be unsealed under this subsection, the court
166	166	31 shall order the records to be permanently resealed at the earliest
167	167	32 possible time after the reasons for unsealing the records cease to exist.
168	168	33 However, if the records are admitted as evidence against the person in
169	169	34 a new prosecution that results in the person's conviction, or are used to
170	170	35 enhance a sentence imposed on the person in a new prosecution, the
171	171	36 court is not required to reseal the records.
172	172	37 (e) If a person whose conviction records, including any records
173	173	38 relating to the conviction and any records concerning a collateral
174	174	39 action, are expunged under sections 2 through 5 of this chapter is
175	175	40 required to register as a sex offender based on the commission of a
176	176	41 felony which has been expunged:
177	177	42 (1) the expungement does not affect the operation of the sex
178	178	2025 IN 139—LS 6349/DI 106 5
179	179	1 offender registry web site, website, any person's ability to access
180	180	2 the person's records, records required to be maintained concerning
181	181	3 sex or violent offenders, or any registration requirement imposed
182	182	4 on the person; and
183	183	5 (2) the expunged conviction records must be clearly marked as
184	184	6 expunged on the sex offender registry web site. website.
185	185	7 (f) Expungement of:
186	186	8 (1) a crime of domestic violence under section 2 of this chapter;
187	187	9 or
188	188	10 (2) a serious violent felony involving the possession or use of
189	189	11 a firearm;
190	190	12 does not restore a person's right to possess a firearm. The right of a
191	191	13 person convicted of a crime of domestic violence to possess a firearm
192	192	14 may be restored only in accordance with IC 35-47-4-7. The right of a
193	193	15 person convicted of a serious violent felony involving the possession
194	194	16 or use of a firearm to possess a firearm may be restored only if the
195	195	17 court finds, following a hearing, that restoration of the person's
196	196	18 right to possess a firearm is unlikely to present a danger to the
197	197	19 public.
198	198	20 (g) If a court issues an order granting a petition for expungement
199	199	21 under sections 2 through 3 of this chapter, the court shall also order any
200	200	22 related records described in section 1(h) of this chapter sealed or
201	201	23 redacted in the manner described in section 1 of this chapter, unless the
202	202	24 records described in section 1(h) of this chapter have been ordered
203	203	25 sealed and redacted under this section.
204	204	26 (h) If the court issues an order granting a petition for expungement
205	205	27 under sections 2 through 3 of this chapter, the court shall include in its
206	206	28 order the information described in section 8(b) of this chapter.
207	207	29 (i) If the court issues an order granting a petition for expungement
208	208	30 under sections 2 through 5 of this chapter, the court shall include in its
209	209	31 order the information described in section 10(c) of this chapter.
210	210	32 (j) If the court issues an order granting a petition for
211	211	33 expungement of a serious violent felony involving the possession or
212	212	34 use of a firearm, the court shall include in its order whether or not
213	213	35 the person's right to possess a firearm has been restored.
214	214	2025 IN 139—LS 6349/DI 106