Introduced Version
SENATE BILL No. 180
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-9.
Synopsis: Expungement. Requires a person filing a petition for
expungement to include the chronological case summary, if available.
Permits disclosure to the state police department of certain sealed
records if disclosure is required for the purpose of expunging or
marking as expunged records in the central repository for criminal
history information.
Effective: July 1, 2025.
Crider
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 180—LS 6752/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 180
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-38-9-1, AS AMENDED BY P.L.9-2024,
2 SECTION 535, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This section applies only to
4 a person who has been arrested, charged with an offense, or alleged to
5 be a delinquent child, if:
6 (1) the arrest, criminal charge, or juvenile delinquency allegation:
7 (A) did not result in a conviction or juvenile adjudication, even
8 if the arrest, criminal charge, or juvenile delinquency
9 allegation resulted in an adjudication for an infraction; or
10 (B) resulted in a conviction or juvenile adjudication and the
11 conviction or adjudication was expunged under sections 2
12 through 5 of this chapter, or was later vacated; and
13 (2) the person is not currently participating in a pretrial diversion
14 program, unless the prosecuting attorney authorizes the person to
15 petition for an expungement under this section.
16 (b) This subsection applies to a person charged with an offense or
17 alleged to be a delinquent child after June 30, 2022. If:
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1 (1) a court dismisses all:
2 (A) criminal charges; or
3 (B) juvenile delinquency allegations;
4 filed and pending against a person;
5 (2) one (1) year has passed since juvenile delinquency allegations
6 were filed against a child, and:
7 (A) there is no disposition or order of waiver; and
8 (B) the state is not actively prosecuting the allegations; or
9 (3) in a:
10 (A) criminal trial a defendant is acquitted of all charges, or the
11 defendant's conviction is later vacated; or
12 (B) juvenile proceeding the court finds all allegations not true,
13 or the juvenile's true finding is later vacated;
14 the court shall immediately order all records related to the criminal
15 charges or juvenile delinquency allegations expunged. An
16 expungement order that is issued based on nonprosecution under
17 subdivision (2) goes into effect immediately. An expungement order
18 issued under subdivision (1) or (3) may not go into effect earlier than
19 sixty (60) days from the date of the dismissal, acquittal, or no true
20 finding. However, upon motion by the prosecuting attorney, if the court
21 finds that specific facts exist in the particular case which justify a
22 delay, the court may delay implementation of an expungement order
23 under subdivision (1) or (3) for up to one (1) year from the date of the
24 dismissal, acquittal, or no true finding.
25 (c) This subsection applies to a person arrested after June 30, 2022.
26 If:
27 (1) a person is arrested;
28 (2) one (1) year has elapsed since the date of the arrest; and
29 (3) no charges are pending against the person;
30 the person may petition a judge exercising criminal jurisdiction in the
31 county (or a designated judge, if applicable) for expungement, setting
32 forth these facts. Upon receipt of the petition, the judge shall
33 immediately order the expungement of all records related to the arrest.
34 Expungement under this subsection does not shorten the statute of
35 limitations. A prosecuting attorney may still file a charge under this
36 subsection.
37 (d) Not earlier than one (1) year after the date of arrest, criminal
38 charge, or juvenile delinquency allegation (whichever is later), if the
39 person was not convicted or adjudicated a delinquent child, or the
40 opinion vacating the conviction or adjudication becomes final, the
41 person may petition the court for expungement of the records related
42 to the arrest, criminal charge, or juvenile delinquency allegation.
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1 However, a person may petition the court for expungement at an earlier
2 time if the prosecuting attorney agrees in writing to an earlier time.
3 (e) A petition for expungement of records must be verified and filed
4 in a circuit or superior court in the county where the criminal charges
5 or juvenile delinquency allegation was filed, or if no criminal charges
6 or juvenile delinquency allegation was filed, in the county where the
7 arrest occurred. The petition must set forth:
8 (1) the date of the arrest, criminal charges, or juvenile
9 delinquency allegation, and conviction (if applicable);
10 (2) the county in which the arrest occurred, the county in which
11 the information or indictment was filed, and the county in which
12 the juvenile delinquency allegation was filed, if applicable;
13 (3) the law enforcement agency employing the arresting officer,
14 if known;
15 (4) the court in which the criminal charges or juvenile
16 delinquency allegation was filed, if applicable;
17 (5) any other known identifying information, such as:
18 (A) the name of the arresting officer;
19 (B) case number or court cause number;
20 (C) any aliases or other names used by the petitioner;
21 (D) the petitioner's driver's license number; and
22 (E) a list of each criminal charge and its disposition, if
23 applicable;
24 (6) the date of the petitioner's birth; and
25 (7) the petitioner's Social Security number; and
26 (8) the chronological case summary for each case or court
27 cause number sought to be expunged, if available.
28 A person who files a petition under this section is not required to pay
29 a filing fee.
30 (f) The court shall serve a copy of the petition on the prosecuting
31 attorney.
32 (g) Upon receipt of a petition for expungement, the court:
33 (1) may summarily deny the petition if the petition does not meet
34 the requirements of this section, or if the statements contained in
35 the petition indicate that the petitioner is not entitled to relief; and
36 (2) shall grant the petition unless:
37 (A) the conditions described in subsection (a) have not been
38 met; or
39 (B) criminal charges are pending against the person.
40 (h) Whenever the petition of a person under this section is granted,
41 or if an expungement order is issued without a petition under
42 subsection (b):
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1 (1) no information concerning the arrest, criminal charges,
2 juvenile delinquency allegation, vacated conviction, or vacated
3 juvenile delinquency adjudication (including information from a
4 collateral action that identifies the petitioner), may be placed or
5 retained in any state central repository for criminal history
6 information or in any other alphabetically arranged criminal
7 history information system maintained by a local, regional, or
8 statewide law enforcement agency;
9 (2) the clerk of the supreme court shall seal or redact any records
10 in the clerk's possession that relate to the arrest, criminal charges,
11 juvenile delinquency allegation, vacated conviction, or vacated
12 juvenile delinquency adjudication;
13 (3) the records of:
14 (A) the sentencing court;
15 (B) a court that conducted a collateral action;
16 (C) a juvenile court;
17 (D) a court of appeals; and
18 (E) the supreme court;
19 concerning the person shall be redacted or permanently sealed
20 from public access; and
21 (4) with respect to the records of a person who is named as an
22 appellant or an appellee in an opinion or memorandum decision
23 by the supreme court or the court of appeals, or who is identified
24 in a collateral action, the court shall:
25 (A) redact the opinion or memorandum decision as it appears
26 on the computer gateway administered by the office of
27 technology so that it does not include the petitioner's name (in
28 the same manner that opinions involving juveniles are
29 redacted); and
30 (B) provide a redacted copy of the opinion to any publisher or
31 organization to whom the opinion or memorandum decision is
32 provided after the date of the order of expungement.
33 The supreme court and the court of appeals are not required to
34 redact, destroy, or otherwise dispose of any existing copy of an
35 opinion or memorandum decision that includes the petitioner's
36 name.
37 (i) If the court issues an order granting a petition for expungement
38 under this section, or issues an order for expungement without a
39 petition under subsection (b), the order must include the information
40 described in subsection (e).
41 (j) If a person whose records are expunged brings an action that
42 might be defended with the contents of the expunged records, the
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1 defendant is presumed to have a complete defense to the action. In
2 order for the plaintiff to recover, the plaintiff must show that the
3 contents of the expunged records would not exonerate the defendant.
4 The plaintiff may be required to state under oath whether the plaintiff
5 had records in the criminal or juvenile justice system and whether those
6 records were expunged. If the plaintiff denies the existence of the
7 records, the defendant may prove their existence in any manner
8 compatible with the law of evidence.
9 (k) Records expunged or sealed under this section must be removed
10 or sealed in accordance with this section, but may not be deleted or
11 destroyed. Records expunged or sealed under this section remain
12 available to the court and criminal justice agencies as needed to carry
13 out their official duties.
14 SECTION 2. IC 35-38-9-6, AS AMENDED BY P.L.185-2023,
15 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 6. (a) If the court orders conviction records,
17 including any records relating to the conviction and any records
18 concerning a collateral action, expunged under sections 2 through 3 of
19 this chapter, the court shall do the following with respect to the specific
20 records expunged by the court:
21 (1) Order:
22 (A) the department of correction;
23 (B) the bureau of motor vehicles; and
24 (C) each:
25 (i) law enforcement agency; and
26 (ii) other person;
27 who incarcerated, prosecuted, provided treatment for, or
28 provided other services for the person under an order of the
29 court;
30 to prohibit the release of the person's records or information in the
31 person's records to anyone without a court order, other than a law
32 enforcement officer acting in the course of the officer's official
33 duty.
34 (2) Order the central repository for criminal history information
35 maintained by the state police department to seal the person's
36 expunged conviction records, including information related to:
37 (A) an arrest or offense:
38 (i) in which no conviction was entered; and
39 (ii) that was committed as part of the same episode of
40 criminal conduct as the case ordered expunged; and
41 (B) any other references to any matters related to the case
42 ordered expunged, including in a collateral action.
2025 IN 180—LS 6752/DI 106 6
1 This subdivision does not require the state police department to
2 seal any record the state police department does not have legal
3 authority to seal.
4 (3) Records sealed under subdivision (2) may be disclosed only
5 to:
6 (A) a prosecuting attorney, if:
7 (i) authorized by a court order; and
8 (ii) needed to carry out the official duties of the prosecuting
9 attorney;
10 (B) a defense attorney, if:
11 (i) authorized by a court order; and
12 (ii) needed to carry out the professional duties of the defense
13 attorney;
14 (C) a probation department, if:
15 (i) authorized by a court order; and
16 (ii) necessary to prepare a presentence report;
17 (D) the Federal Bureau of Investigation and the Department of
18 Homeland Security, if disclosure is required to comply with an
19 agreement relating to the sharing of criminal history
20 information;
21 (E) the:
22 (i) supreme court;
23 (ii) members of the state board of law examiners;
24 (iii) executive director of the state board of law examiners;
25 and
26 (iv) employees of the state board of law examiners, in
27 accordance with rules adopted by the state board of law
28 examiners;
29 for the purpose of determining whether an applicant possesses
30 the necessary good moral character for admission to the bar;
31 (F) a person required to access expunged records to comply
32 with the Secure and Fair Enforcement for Mortgage Licensing
33 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
34 Secure and Fair Enforcement for Mortgage Licensing Act;
35 (G) the bureau of motor vehicles, the Federal Motor Carrier
36 Administration, and the Commercial Drivers License
37 Information System (CDLIS), if disclosure is required to
38 comply with federal law relating to reporting a conviction for
39 a violation of a traffic control law; and
40 (H) a school (as defined in IC 22-4-2-37), for the purpose of
41 determining whether to:
42 (i) employ a person seeking employment, including
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1 volunteer employment, with the school;
2 (ii) continue a person's employment, including volunteer
3 employment at the school; or
4 (iii) grant access or admission to the school to an applicant
5 contractor or a contractor;
6 if the person, contractor, or applicant contractor is likely to
7 have contact with a student enrolled in the school, regardless
8 of the age of the student; and
9 (I) the state police department, if disclosure is required for
10 the purpose of expunging or marking as expunged records
11 in the central repository for criminal history information.
12 (4) Notify the clerk of the supreme court to seal any records in the
13 clerk's possession that relate to the conviction, including any
14 records concerning a collateral action.
15 A probation department may provide an unredacted version of a
16 presentence report disclosed under subdivision (3)(C) to any person
17 authorized by law to receive a presentence report.
18 (b) Except as provided in subsection (c), if a petition to expunge
19 conviction records, including any records relating to the conviction and
20 any records concerning a collateral action, is granted under sections 2
21 through 3 of this chapter, the records of:
22 (1) the sentencing court;
23 (2) a court that conducted a collateral action;
24 (3) a juvenile court;
25 (4) a court of appeals; and
26 (5) the supreme court;
27 concerning the person shall be permanently sealed. However, a petition
28 for expungement granted under sections 2 through 3 of this chapter
29 does not affect an existing or pending driver's license suspension.
30 (c) If a petition to expunge conviction records, including any records
31 relating to the conviction and any records concerning a collateral
32 action, is granted under sections 2 through 3 of this chapter with
33 respect to the records of a person who is named as an appellant or an
34 appellee in an opinion or memorandum decision by the supreme court
35 or the court of appeals, or who is identified in a collateral action, the
36 court shall:
37 (1) redact the opinion or memorandum decision as it appears on
38 the computer gateway administered by the office of technology so
39 that it does not include the petitioner's name (in the same manner
40 that opinions involving juveniles are redacted); and
41 (2) provide a redacted copy of the opinion to any publisher or
42 organization to whom the opinion or memorandum decision is
2025 IN 180—LS 6752/DI 106 8
1 provided after the date of the order of expungement.
2 The supreme court and court of appeals are not required to destroy or
3 otherwise dispose of any existing copy of an opinion or memorandum
4 decision that includes the petitioner's name.
5 (d) Notwithstanding subsection (b), a prosecuting attorney may
6 submit a written application to a court that granted an expungement
7 petition under this chapter to gain access to any records that were
8 permanently sealed under subsection (b), if the records are relevant in
9 a new prosecution of the person. If a prosecuting attorney who submits
10 a written application under this subsection shows that the records are
11 relevant for a new prosecution of the person, the court that granted the
12 expungement petition shall:
13 (1) order the records to be unsealed; and
14 (2) allow the prosecuting attorney who submitted the written
15 application to have access to the records.
16 If a court orders records to be unsealed under this subsection, the court
17 shall order the records to be permanently resealed at the earliest
18 possible time after the reasons for unsealing the records cease to exist.
19 However, if the records are admitted as evidence against the person in
20 a new prosecution that results in the person's conviction, or are used to
21 enhance a sentence imposed on the person in a new prosecution, the
22 court is not required to reseal the records.
23 (e) If a person whose conviction records, including any records
24 relating to the conviction and any records concerning a collateral
25 action, are expunged under sections 2 through 5 of this chapter is
26 required to register as a sex offender based on the commission of a
27 felony which has been expunged:
28 (1) the expungement does not affect the operation of the sex
29 offender registry web site, website, any person's ability to access
30 the person's records, records required to be maintained concerning
31 sex or violent offenders, or any registration requirement imposed
32 on the person; and
33 (2) the expunged conviction records must be clearly marked as
34 expunged on the sex offender registry web site. website.
35 (f) Expungement of a crime of domestic violence under section 2 of
36 this chapter does not restore a person's right to possess a firearm. The
37 right of a person convicted of a crime of domestic violence to possess
38 a firearm may be restored only in accordance with IC 35-47-4-7.
39 (g) If a court issues an order granting a petition for expungement
40 under sections 2 through 3 of this chapter, the court shall also order any
41 related records described in section 1(h) of this chapter sealed or
42 redacted in the manner described in section 1 of this chapter, unless the
2025 IN 180—LS 6752/DI 106 9
1 records described in section 1(h) of this chapter have been ordered
2 sealed and redacted under this section.
3 (h) If the court issues an order granting a petition for expungement
4 under sections 2 through 3 of this chapter, the court shall include in its
5 order the information described in section 8(b) of this chapter.
6 (i) If the court issues an order granting a petition for expungement
7 under sections 2 through 5 of this chapter, the court shall include in its
8 order the information described in section 10(c) of this chapter.
9 SECTION 3. IC 35-38-9-8, AS AMENDED BY P.L.52-2021,
10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 8. (a) This section applies only to a petition to
12 expunge conviction records, including any records relating to the
13 conviction and any records concerning a collateral action, under
14 sections 2 through 5 of this chapter. This section does not apply to a
15 petition to expunge records related to the arrest, criminal charge, or
16 juvenile delinquency allegation under section 1 of this chapter.
17 (b) Any person may seek an expungement under sections 2 through
18 5 of this chapter by filing a verified petition for expungement. The
19 petition must include the following:
20 (1) The petitioner's full name and all other legal names or aliases
21 by which the petitioner is or has been known.
22 (2) The petitioner's date of birth.
23 (3) The petitioner's addresses from the date of the offense to the
24 date of the petition.
25 (4) The case number or court cause number, if available.
26 (5) The chronological case summary for each case or court
27 cause number sought to be expunged, if available.
28 (5) (6) The petitioner shall affirm that no criminal investigation
29 or charges are pending against the petitioner.
30 (6) (7) The petitioner shall affirm that the petitioner has not
31 committed another felony or misdemeanor within the period
32 required for expungement.
33 (7) (8) The petitioner shall list all convictions, all collateral
34 actions, the cause number of each conviction, if known, the date
35 of the conviction, and any appeals from the conviction and the
36 date any appellate opinion was handed down, if applicable.
37 (8) (9) The petitioner shall include:
38 (A) the petitioner's Social Security number;
39 (B) the petitioner's driver's license number;
40 (C) the date of the petitioner's arrest, if applicable; and
41 (D) the date on which the petitioner was convicted.
42 (9) (10) The petitioner shall affirm that the required period has
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1 elapsed or attach a copy of the prosecuting attorney's written
2 consent to a shorter period.
3 (10) (11) The petitioner shall describe any other petitions that the
4 petitioner has filed under this chapter.
5 (11) (12) For a petition filed under section 5 of this chapter, the
6 petitioner shall attach a copy of the prosecuting attorney's written
7 consent.
8 (c) The petitioner may include any other information that the
9 petitioner believes may assist the court.
10 (d) A person who files a petition under this section is required to
11 pay the filing fee required in civil cases. The court may reduce or waive
12 this fee if the person is indigent.
13 (e) The petitioner shall serve a copy of the petition upon the
14 prosecuting attorney in accordance with the Indiana Rules of Trial
15 Procedure.
16 (f) The prosecuting attorney shall inform the victim of the victim's
17 rights under IC 35-40-6 by contacting the victim at the victim's last
18 known address. However, if a court has no discretion in granting an
19 expungement petition under this chapter, the prosecuting attorney is
20 not required to inform the victim of the victim's rights under this
21 subsection.
22 (g) The prosecuting attorney shall reply to the petition not later than
23 thirty (30) days after receipt. If the prosecuting attorney fails to timely
24 reply to the petition:
25 (1) the prosecuting attorney has waived any objection to the
26 petition; and
27 (2) the court shall proceed to consider the petition under section
28 9 of this chapter.
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