Indiana 2025 Regular Session

Indiana Senate Bill SB0180 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. 180
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-38-9.
7	7	Synopsis: Expungement. Requires a person filing a petition for
8	8	expungement to include the chronological case summary, if available.
9	9	Permits disclosure to the state police department of certain sealed
10	10	records if disclosure is required for the purpose of expunging or
11	11	marking as expunged records in the central repository for criminal
12	12	history information.
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 180—LS 6752/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. 180
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 35-38-9-1, AS AMENDED BY P.L.9-2024,
33	33	2 SECTION 535, IS AMENDED TO READ AS FOLLOWS
34	34	3 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This section applies only to
35	35	4 a person who has been arrested, charged with an offense, or alleged to
36	36	5 be a delinquent child, if:
37	37	6 (1) the arrest, criminal charge, or juvenile delinquency allegation:
38	38	7 (A) did not result in a conviction or juvenile adjudication, even
39	39	8 if the arrest, criminal charge, or juvenile delinquency
40	40	9 allegation resulted in an adjudication for an infraction; or
41	41	10 (B) resulted in a conviction or juvenile adjudication and the
42	42	11 conviction or adjudication was expunged under sections 2
43	43	12 through 5 of this chapter, or was later vacated; and
44	44	13 (2) the person is not currently participating in a pretrial diversion
45	45	14 program, unless the prosecuting attorney authorizes the person to
46	46	15 petition for an expungement under this section.
47	47	16 (b) This subsection applies to a person charged with an offense or
48	48	17 alleged to be a delinquent child after June 30, 2022. If:
49	49	2025 IN 180—LS 6752/DI 106 2
50	50	1 (1) a court dismisses all:
51	51	2 (A) criminal charges; or
52	52	3 (B) juvenile delinquency allegations;
53	53	4 filed and pending against a person;
54	54	5 (2) one (1) year has passed since juvenile delinquency allegations
55	55	6 were filed against a child, and:
56	56	7 (A) there is no disposition or order of waiver; and
57	57	8 (B) the state is not actively prosecuting the allegations; or
58	58	9 (3) in a:
59	59	10 (A) criminal trial a defendant is acquitted of all charges, or the
60	60	11 defendant's conviction is later vacated; or
61	61	12 (B) juvenile proceeding the court finds all allegations not true,
62	62	13 or the juvenile's true finding is later vacated;
63	63	14 the court shall immediately order all records related to the criminal
64	64	15 charges or juvenile delinquency allegations expunged. An
65	65	16 expungement order that is issued based on nonprosecution under
66	66	17 subdivision (2) goes into effect immediately. An expungement order
67	67	18 issued under subdivision (1) or (3) may not go into effect earlier than
68	68	19 sixty (60) days from the date of the dismissal, acquittal, or no true
69	69	20 finding. However, upon motion by the prosecuting attorney, if the court
70	70	21 finds that specific facts exist in the particular case which justify a
71	71	22 delay, the court may delay implementation of an expungement order
72	72	23 under subdivision (1) or (3) for up to one (1) year from the date of the
73	73	24 dismissal, acquittal, or no true finding.
74	74	25 (c) This subsection applies to a person arrested after June 30, 2022.
75	75	26 If:
76	76	27 (1) a person is arrested;
77	77	28 (2) one (1) year has elapsed since the date of the arrest; and
78	78	29 (3) no charges are pending against the person;
79	79	30 the person may petition a judge exercising criminal jurisdiction in the
80	80	31 county (or a designated judge, if applicable) for expungement, setting
81	81	32 forth these facts. Upon receipt of the petition, the judge shall
82	82	33 immediately order the expungement of all records related to the arrest.
83	83	34 Expungement under this subsection does not shorten the statute of
84	84	35 limitations. A prosecuting attorney may still file a charge under this
85	85	36 subsection.
86	86	37 (d) Not earlier than one (1) year after the date of arrest, criminal
87	87	38 charge, or juvenile delinquency allegation (whichever is later), if the
88	88	39 person was not convicted or adjudicated a delinquent child, or the
89	89	40 opinion vacating the conviction or adjudication becomes final, the
90	90	41 person may petition the court for expungement of the records related
91	91	42 to the arrest, criminal charge, or juvenile delinquency allegation.
92	92	2025 IN 180—LS 6752/DI 106 3
93	93	1 However, a person may petition the court for expungement at an earlier
94	94	2 time if the prosecuting attorney agrees in writing to an earlier time.
95	95	3 (e) A petition for expungement of records must be verified and filed
96	96	4 in a circuit or superior court in the county where the criminal charges
97	97	5 or juvenile delinquency allegation was filed, or if no criminal charges
98	98	6 or juvenile delinquency allegation was filed, in the county where the
99	99	7 arrest occurred. The petition must set forth:
100	100	8 (1) the date of the arrest, criminal charges, or juvenile
101	101	9 delinquency allegation, and conviction (if applicable);
102	102	10 (2) the county in which the arrest occurred, the county in which
103	103	11 the information or indictment was filed, and the county in which
104	104	12 the juvenile delinquency allegation was filed, if applicable;
105	105	13 (3) the law enforcement agency employing the arresting officer,
106	106	14 if known;
107	107	15 (4) the court in which the criminal charges or juvenile
108	108	16 delinquency allegation was filed, if applicable;
109	109	17 (5) any other known identifying information, such as:
110	110	18 (A) the name of the arresting officer;
111	111	19 (B) case number or court cause number;
112	112	20 (C) any aliases or other names used by the petitioner;
113	113	21 (D) the petitioner's driver's license number; and
114	114	22 (E) a list of each criminal charge and its disposition, if
115	115	23 applicable;
116	116	24 (6) the date of the petitioner's birth; and
117	117	25 (7) the petitioner's Social Security number; and
118	118	26 (8) the chronological case summary for each case or court
119	119	27 cause number sought to be expunged, if available.
120	120	28 A person who files a petition under this section is not required to pay
121	121	29 a filing fee.
122	122	30 (f) The court shall serve a copy of the petition on the prosecuting
123	123	31 attorney.
124	124	32 (g) Upon receipt of a petition for expungement, the court:
125	125	33 (1) may summarily deny the petition if the petition does not meet
126	126	34 the requirements of this section, or if the statements contained in
127	127	35 the petition indicate that the petitioner is not entitled to relief; and
128	128	36 (2) shall grant the petition unless:
129	129	37 (A) the conditions described in subsection (a) have not been
130	130	38 met; or
131	131	39 (B) criminal charges are pending against the person.
132	132	40 (h) Whenever the petition of a person under this section is granted,
133	133	41 or if an expungement order is issued without a petition under
134	134	42 subsection (b):
135	135	2025 IN 180—LS 6752/DI 106 4
136	136	1 (1) no information concerning the arrest, criminal charges,
137	137	2 juvenile delinquency allegation, vacated conviction, or vacated
138	138	3 juvenile delinquency adjudication (including information from a
139	139	4 collateral action that identifies the petitioner), may be placed or
140	140	5 retained in any state central repository for criminal history
141	141	6 information or in any other alphabetically arranged criminal
142	142	7 history information system maintained by a local, regional, or
143	143	8 statewide law enforcement agency;
144	144	9 (2) the clerk of the supreme court shall seal or redact any records
145	145	10 in the clerk's possession that relate to the arrest, criminal charges,
146	146	11 juvenile delinquency allegation, vacated conviction, or vacated
147	147	12 juvenile delinquency adjudication;
148	148	13 (3) the records of:
149	149	14 (A) the sentencing court;
150	150	15 (B) a court that conducted a collateral action;
151	151	16 (C) a juvenile court;
152	152	17 (D) a court of appeals; and
153	153	18 (E) the supreme court;
154	154	19 concerning the person shall be redacted or permanently sealed
155	155	20 from public access; and
156	156	21 (4) with respect to the records of a person who is named as an
157	157	22 appellant or an appellee in an opinion or memorandum decision
158	158	23 by the supreme court or the court of appeals, or who is identified
159	159	24 in a collateral action, the court shall:
160	160	25 (A) redact the opinion or memorandum decision as it appears
161	161	26 on the computer gateway administered by the office of
162	162	27 technology so that it does not include the petitioner's name (in
163	163	28 the same manner that opinions involving juveniles are
164	164	29 redacted); and
165	165	30 (B) provide a redacted copy of the opinion to any publisher or
166	166	31 organization to whom the opinion or memorandum decision is
167	167	32 provided after the date of the order of expungement.
168	168	33 The supreme court and the court of appeals are not required to
169	169	34 redact, destroy, or otherwise dispose of any existing copy of an
170	170	35 opinion or memorandum decision that includes the petitioner's
171	171	36 name.
172	172	37 (i) If the court issues an order granting a petition for expungement
173	173	38 under this section, or issues an order for expungement without a
174	174	39 petition under subsection (b), the order must include the information
175	175	40 described in subsection (e).
176	176	41 (j) If a person whose records are expunged brings an action that
177	177	42 might be defended with the contents of the expunged records, the
178	178	2025 IN 180—LS 6752/DI 106 5
179	179	1 defendant is presumed to have a complete defense to the action. In
180	180	2 order for the plaintiff to recover, the plaintiff must show that the
181	181	3 contents of the expunged records would not exonerate the defendant.
182	182	4 The plaintiff may be required to state under oath whether the plaintiff
183	183	5 had records in the criminal or juvenile justice system and whether those
184	184	6 records were expunged. If the plaintiff denies the existence of the
185	185	7 records, the defendant may prove their existence in any manner
186	186	8 compatible with the law of evidence.
187	187	9 (k) Records expunged or sealed under this section must be removed
188	188	10 or sealed in accordance with this section, but may not be deleted or
189	189	11 destroyed. Records expunged or sealed under this section remain
190	190	12 available to the court and criminal justice agencies as needed to carry
191	191	13 out their official duties.
192	192	14 SECTION 2. IC 35-38-9-6, AS AMENDED BY P.L.185-2023,
193	193	15 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
194	194	16 JULY 1, 2025]: Sec. 6. (a) If the court orders conviction records,
195	195	17 including any records relating to the conviction and any records
196	196	18 concerning a collateral action, expunged under sections 2 through 3 of
197	197	19 this chapter, the court shall do the following with respect to the specific
198	198	20 records expunged by the court:
199	199	21 (1) Order:
200	200	22 (A) the department of correction;
201	201	23 (B) the bureau of motor vehicles; and
202	202	24 (C) each:
203	203	25 (i) law enforcement agency; and
204	204	26 (ii) other person;
205	205	27 who incarcerated, prosecuted, provided treatment for, or
206	206	28 provided other services for the person under an order of the
207	207	29 court;
208	208	30 to prohibit the release of the person's records or information in the
209	209	31 person's records to anyone without a court order, other than a law
210	210	32 enforcement officer acting in the course of the officer's official
211	211	33 duty.
212	212	34 (2) Order the central repository for criminal history information
213	213	35 maintained by the state police department to seal the person's
214	214	36 expunged conviction records, including information related to:
215	215	37 (A) an arrest or offense:
216	216	38 (i) in which no conviction was entered; and
217	217	39 (ii) that was committed as part of the same episode of
218	218	40 criminal conduct as the case ordered expunged; and
219	219	41 (B) any other references to any matters related to the case
220	220	42 ordered expunged, including in a collateral action.
221	221	2025 IN 180—LS 6752/DI 106 6
222	222	1 This subdivision does not require the state police department to
223	223	2 seal any record the state police department does not have legal
224	224	3 authority to seal.
225	225	4 (3) Records sealed under subdivision (2) may be disclosed only
226	226	5 to:
227	227	6 (A) a prosecuting attorney, if:
228	228	7 (i) authorized by a court order; and
229	229	8 (ii) needed to carry out the official duties of the prosecuting
230	230	9 attorney;
231	231	10 (B) a defense attorney, if:
232	232	11 (i) authorized by a court order; and
233	233	12 (ii) needed to carry out the professional duties of the defense
234	234	13 attorney;
235	235	14 (C) a probation department, if:
236	236	15 (i) authorized by a court order; and
237	237	16 (ii) necessary to prepare a presentence report;
238	238	17 (D) the Federal Bureau of Investigation and the Department of
239	239	18 Homeland Security, if disclosure is required to comply with an
240	240	19 agreement relating to the sharing of criminal history
241	241	20 information;
242	242	21 (E) the:
243	243	22 (i) supreme court;
244	244	23 (ii) members of the state board of law examiners;
245	245	24 (iii) executive director of the state board of law examiners;
246	246	25 and
247	247	26 (iv) employees of the state board of law examiners, in
248	248	27 accordance with rules adopted by the state board of law
249	249	28 examiners;
250	250	29 for the purpose of determining whether an applicant possesses
251	251	30 the necessary good moral character for admission to the bar;
252	252	31 (F) a person required to access expunged records to comply
253	253	32 with the Secure and Fair Enforcement for Mortgage Licensing
254	254	33 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
255	255	34 Secure and Fair Enforcement for Mortgage Licensing Act;
256	256	35 (G) the bureau of motor vehicles, the Federal Motor Carrier
257	257	36 Administration, and the Commercial Drivers License
258	258	37 Information System (CDLIS), if disclosure is required to
259	259	38 comply with federal law relating to reporting a conviction for
260	260	39 a violation of a traffic control law; and
261	261	40 (H) a school (as defined in IC 22-4-2-37), for the purpose of
262	262	41 determining whether to:
263	263	42 (i) employ a person seeking employment, including
264	264	2025 IN 180—LS 6752/DI 106 7
265	265	1 volunteer employment, with the school;
266	266	2 (ii) continue a person's employment, including volunteer
267	267	3 employment at the school; or
268	268	4 (iii) grant access or admission to the school to an applicant
269	269	5 contractor or a contractor;
270	270	6 if the person, contractor, or applicant contractor is likely to
271	271	7 have contact with a student enrolled in the school, regardless
272	272	8 of the age of the student; and
273	273	9 (I) the state police department, if disclosure is required for
274	274	10 the purpose of expunging or marking as expunged records
275	275	11 in the central repository for criminal history information.
276	276	12 (4) Notify the clerk of the supreme court to seal any records in the
277	277	13 clerk's possession that relate to the conviction, including any
278	278	14 records concerning a collateral action.
279	279	15 A probation department may provide an unredacted version of a
280	280	16 presentence report disclosed under subdivision (3)(C) to any person
281	281	17 authorized by law to receive a presentence report.
282	282	18 (b) Except as provided in subsection (c), if a petition to expunge
283	283	19 conviction records, including any records relating to the conviction and
284	284	20 any records concerning a collateral action, is granted under sections 2
285	285	21 through 3 of this chapter, the records of:
286	286	22 (1) the sentencing court;
287	287	23 (2) a court that conducted a collateral action;
288	288	24 (3) a juvenile court;
289	289	25 (4) a court of appeals; and
290	290	26 (5) the supreme court;
291	291	27 concerning the person shall be permanently sealed. However, a petition
292	292	28 for expungement granted under sections 2 through 3 of this chapter
293	293	29 does not affect an existing or pending driver's license suspension.
294	294	30 (c) If a petition to expunge conviction records, including any records
295	295	31 relating to the conviction and any records concerning a collateral
296	296	32 action, is granted under sections 2 through 3 of this chapter with
297	297	33 respect to the records of a person who is named as an appellant or an
298	298	34 appellee in an opinion or memorandum decision by the supreme court
299	299	35 or the court of appeals, or who is identified in a collateral action, the
300	300	36 court shall:
301	301	37 (1) redact the opinion or memorandum decision as it appears on
302	302	38 the computer gateway administered by the office of technology so
303	303	39 that it does not include the petitioner's name (in the same manner
304	304	40 that opinions involving juveniles are redacted); and
305	305	41 (2) provide a redacted copy of the opinion to any publisher or
306	306	42 organization to whom the opinion or memorandum decision is
307	307	2025 IN 180—LS 6752/DI 106 8
308	308	1 provided after the date of the order of expungement.
309	309	2 The supreme court and court of appeals are not required to destroy or
310	310	3 otherwise dispose of any existing copy of an opinion or memorandum
311	311	4 decision that includes the petitioner's name.
312	312	5 (d) Notwithstanding subsection (b), a prosecuting attorney may
313	313	6 submit a written application to a court that granted an expungement
314	314	7 petition under this chapter to gain access to any records that were
315	315	8 permanently sealed under subsection (b), if the records are relevant in
316	316	9 a new prosecution of the person. If a prosecuting attorney who submits
317	317	10 a written application under this subsection shows that the records are
318	318	11 relevant for a new prosecution of the person, the court that granted the
319	319	12 expungement petition shall:
320	320	13 (1) order the records to be unsealed; and
321	321	14 (2) allow the prosecuting attorney who submitted the written
322	322	15 application to have access to the records.
323	323	16 If a court orders records to be unsealed under this subsection, the court
324	324	17 shall order the records to be permanently resealed at the earliest
325	325	18 possible time after the reasons for unsealing the records cease to exist.
326	326	19 However, if the records are admitted as evidence against the person in
327	327	20 a new prosecution that results in the person's conviction, or are used to
328	328	21 enhance a sentence imposed on the person in a new prosecution, the
329	329	22 court is not required to reseal the records.
330	330	23 (e) If a person whose conviction records, including any records
331	331	24 relating to the conviction and any records concerning a collateral
332	332	25 action, are expunged under sections 2 through 5 of this chapter is
333	333	26 required to register as a sex offender based on the commission of a
334	334	27 felony which has been expunged:
335	335	28 (1) the expungement does not affect the operation of the sex
336	336	29 offender registry web site, website, any person's ability to access
337	337	30 the person's records, records required to be maintained concerning
338	338	31 sex or violent offenders, or any registration requirement imposed
339	339	32 on the person; and
340	340	33 (2) the expunged conviction records must be clearly marked as
341	341	34 expunged on the sex offender registry web site. website.
342	342	35 (f) Expungement of a crime of domestic violence under section 2 of
343	343	36 this chapter does not restore a person's right to possess a firearm. The
344	344	37 right of a person convicted of a crime of domestic violence to possess
345	345	38 a firearm may be restored only in accordance with IC 35-47-4-7.
346	346	39 (g) If a court issues an order granting a petition for expungement
347	347	40 under sections 2 through 3 of this chapter, the court shall also order any
348	348	41 related records described in section 1(h) of this chapter sealed or
349	349	42 redacted in the manner described in section 1 of this chapter, unless the
350	350	2025 IN 180—LS 6752/DI 106 9
351	351	1 records described in section 1(h) of this chapter have been ordered
352	352	2 sealed and redacted under this section.
353	353	3 (h) If the court issues an order granting a petition for expungement
354	354	4 under sections 2 through 3 of this chapter, the court shall include in its
355	355	5 order the information described in section 8(b) of this chapter.
356	356	6 (i) If the court issues an order granting a petition for expungement
357	357	7 under sections 2 through 5 of this chapter, the court shall include in its
358	358	8 order the information described in section 10(c) of this chapter.
359	359	9 SECTION 3. IC 35-38-9-8, AS AMENDED BY P.L.52-2021,
360	360	10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
361	361	11 JULY 1, 2025]: Sec. 8. (a) This section applies only to a petition to
362	362	12 expunge conviction records, including any records relating to the
363	363	13 conviction and any records concerning a collateral action, under
364	364	14 sections 2 through 5 of this chapter. This section does not apply to a
365	365	15 petition to expunge records related to the arrest, criminal charge, or
366	366	16 juvenile delinquency allegation under section 1 of this chapter.
367	367	17 (b) Any person may seek an expungement under sections 2 through
368	368	18 5 of this chapter by filing a verified petition for expungement. The
369	369	19 petition must include the following:
370	370	20 (1) The petitioner's full name and all other legal names or aliases
371	371	21 by which the petitioner is or has been known.
372	372	22 (2) The petitioner's date of birth.
373	373	23 (3) The petitioner's addresses from the date of the offense to the
374	374	24 date of the petition.
375	375	25 (4) The case number or court cause number, if available.
376	376	26 (5) The chronological case summary for each case or court
377	377	27 cause number sought to be expunged, if available.
378	378	28 (5) (6) The petitioner shall affirm that no criminal investigation
379	379	29 or charges are pending against the petitioner.
380	380	30 (6) (7) The petitioner shall affirm that the petitioner has not
381	381	31 committed another felony or misdemeanor within the period
382	382	32 required for expungement.
383	383	33 (7) (8) The petitioner shall list all convictions, all collateral
384	384	34 actions, the cause number of each conviction, if known, the date
385	385	35 of the conviction, and any appeals from the conviction and the
386	386	36 date any appellate opinion was handed down, if applicable.
387	387	37 (8) (9) The petitioner shall include:
388	388	38 (A) the petitioner's Social Security number;
389	389	39 (B) the petitioner's driver's license number;
390	390	40 (C) the date of the petitioner's arrest, if applicable; and
391	391	41 (D) the date on which the petitioner was convicted.
392	392	42 (9) (10) The petitioner shall affirm that the required period has
393	393	2025 IN 180—LS 6752/DI 106 10
394	394	1 elapsed or attach a copy of the prosecuting attorney's written
395	395	2 consent to a shorter period.
396	396	3 (10) (11) The petitioner shall describe any other petitions that the
397	397	4 petitioner has filed under this chapter.
398	398	5 (11) (12) For a petition filed under section 5 of this chapter, the
399	399	6 petitioner shall attach a copy of the prosecuting attorney's written
400	400	7 consent.
401	401	8 (c) The petitioner may include any other information that the
402	402	9 petitioner believes may assist the court.
403	403	10 (d) A person who files a petition under this section is required to
404	404	11 pay the filing fee required in civil cases. The court may reduce or waive
405	405	12 this fee if the person is indigent.
406	406	13 (e) The petitioner shall serve a copy of the petition upon the
407	407	14 prosecuting attorney in accordance with the Indiana Rules of Trial
408	408	15 Procedure.
409	409	16 (f) The prosecuting attorney shall inform the victim of the victim's
410	410	17 rights under IC 35-40-6 by contacting the victim at the victim's last
411	411	18 known address. However, if a court has no discretion in granting an
412	412	19 expungement petition under this chapter, the prosecuting attorney is
413	413	20 not required to inform the victim of the victim's rights under this
414	414	21 subsection.
415	415	22 (g) The prosecuting attorney shall reply to the petition not later than
416	416	23 thirty (30) days after receipt. If the prosecuting attorney fails to timely
417	417	24 reply to the petition:
418	418	25 (1) the prosecuting attorney has waived any objection to the
419	419	26 petition; and
420	420	27 (2) the court shall proceed to consider the petition under section
421	421	28 9 of this chapter.
422	422	2025 IN 180—LS 6752/DI 106