Indiana Senate Bill SB0180

Indiana 2025 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25

Caption

Expungement.

Impact

The bill, effective July 1, 2025, proposes significant changes to existing criminal law procedures. Noteworthy provisions include the court's mandate to expunge records immediately upon the fulfillment of specific criteria, such as case dismissals, acquittals, or when charges have been pending for a certain duration with no conviction. Furthermore, the bill includes mechanisms for handling records related to juvenile allegations and specifies that an individual may petition for expungement without the burden of filing fees, which is a step towards making the process more accessible to those of lower income status.

Summary

Senate Bill 180, also known as the Expungement Act, seeks to revise the process surrounding the expungement of criminal records in the State of Indiana. This bill stipulates that individuals who have been arrested but not convicted, as well as those whose convictions have been vacated, are eligible to seek expungement. These provisions aim to provide individuals with the opportunity to clear their names and reintegrate into society without the burden of prior criminal records interfering with their ability to secure employment, housing, or other essential services.

Contention

Despite its intent to aid those seeking a fresh start, the bill has raised concerns among certain groups, particularly regarding the protocols put in place for law enforcement access to sealed records. Critics argue that allowing prosecuting attorneys access to expunged records under select circumstances could undermine the protection that expungement is meant to offer. The legislative discussions around SB0180 have highlighted a balance between facilitating reintegration for former offenders and ensuring public safety through appropriate oversight of criminal records.