Indiana 2025 Regular Session

Indiana Senate Bill SB0217 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. 217
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-38-11.
7	7	Synopsis: Expungement of addiction related convictions. Establishes
8	8	a procedure to permit a person: (1) with an addiction disorder related
9	9	conviction; and (2) who has completed a high intensity residential
10	10	treatment program; to expunge the person's addiction disorder related
11	11	conviction.
12	12	Effective: July 1, 2025.
13	13	Crider
14	14	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
15	15	Law.
16	16	2025 IN 217—LS 6730/DI 151 Introduced
17	17	First Regular Session of the 124th General Assembly (2025)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2024 Regular Session of the General Assembly.
27	27	SENATE BILL No. 217
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	criminal law and procedure.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 35-31.5-2-3.6 IS ADDED TO THE INDIANA
32	32	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
33	33	3 [EFFECTIVE JULY 1, 2025]: Sec. 3.6. "Addiction disorder", for
34	34	4 purposes of IC 35-38-11, has the meaning set forth in
35	35	5 IC 35-38-11-2.
36	36	6 SECTION 2. IC 35-31.5-2-3.8 IS ADDED TO THE INDIANA
37	37	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
38	38	8 [EFFECTIVE JULY 1, 2025]: Sec. 3.8. "Addiction disorder related
39	39	9 conviction", for purposes of IC 35-38-11, has the meaning set forth
40	40	10 in IC 35-38-11-2.
41	41	11 SECTION 3. IC 35-31.5-2-152.3 IS ADDED TO THE INDIANA
42	42	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
43	43	13 [EFFECTIVE JULY 1, 2025]: Sec. 152.3. "High intensity residential
44	44	14 treatment program", for purposes of IC 35-38-11, has the meaning
45	45	15 set forth in IC 35-38-11-2.
46	46	16 SECTION 4. IC 35-31.5-2-297, AS ADDED BY P.L.114-2012,
47	47	17 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48	48	2025 IN 217—LS 6730/DI 151 2
49	49	1 JULY 1, 2025]: Sec. 297. (a) "Sex offense", for purposes of
50	50	2 IC 35-38-2-2.5, has the meaning set forth in IC 35-38-2-2.5(b).
51	51	3 (b) "Sex offense", for purposes of IC 35-38-11, has the meaning
52	52	4 set forth in IC 35-38-11-2.
53	53	5 (b) (c) "Sex offense", for purposes of IC 35-50-2-14, has the
54	54	6 meaning set forth in IC 35-50-2-14(a).
55	55	7 SECTION 5. IC 35-38-11 IS ADDED TO THE INDIANA CODE
56	56	8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
57	57	9 JULY 1, 2025]:
58	58	10 Chapter 11. Expungement of Addiction Disorder Related
59	59	11 Convictions
60	60	12 Sec. 1. (a) Except as provided in subsection (b), this chapter
61	61	13 applies only to a person with an addiction disorder related
62	62	14 conviction.
63	63	15 (b) This chapter does not apply to a person convicted of:
64	64	16 (1) murder;
65	65	17 (2) voluntary manslaughter; or
66	66	18 (3) a sex offense.
67	67	19 Sec. 2. The following definitions apply throughout this chapter:
68	68	20 (1) "Addiction disorder" means a diagnosable chronic
69	69	21 substance use disorder of sufficient duration to meet
70	70	22 diagnostic criteria in the most recent edition of the Diagnostic
71	71	23 and Statistical Manual of Mental Disorders published by the
72	72	24 American Psychiatric Association.
73	73	25 (2) "Addiction disorder related conviction" means a
74	74	26 conviction:
75	75	27 (A) in which the unlawful possession, distribution,
76	76	28 cultivation, or manufacture of a controlled substance is a
77	77	29 material element of the offense;
78	78	30 (B) in which intoxication or impairment by means of
79	79	31 alcohol or a controlled substance is a material element of
80	80	32 the offense; or
81	81	33 (C) for an offense motivated, in whole or in part, by an
82	82	34 addiction disorder.
83	83	35 The term includes a conviction for an offense committed with
84	84	36 the purpose of obtaining money to purchase a controlled
85	85	37 substance.
86	86	38 (3) "High intensity residential treatment program" means an
87	87	39 inpatient residential treatment program for treatment of
88	88	40 mental health and addiction disorders that:
89	89	41 (A) is certified by the division of mental health and
90	90	42 addiction as providing evidence based mental health and
91	91	2025 IN 217—LS 6730/DI 151 3
92	92	1 addiction treatment services;
93	93	2 (B) provides twenty-four (24) hour inpatient care for a
94	94	3 patient in a residential treatment facility with licensed
95	95	4 therapists;
96	96	5 (C) requires the patient to reside in the residential
97	97	6 treatment facility for at least twenty-eight (28) days; and
98	98	7 (D) provides follow-up treatment in a transitional facility
99	99	8 or on an outpatient basis for at least six (6) months
100	100	9 following the patient's discharge from the residential
101	101	10 facility.
102	102	11 (4) "Sex offense" has the meaning set forth in IC 11-8-8-5.2.
103	103	12 Sec. 3. (a) A person who has successfully completed a high
104	104	13 intensity residential treatment program, including successful
105	105	14 completion of at least six (6) months of follow-up treatment
106	106	15 following the person's discharge from the residential treatment
107	107	16 facility, may petition a court to expunge the person's addiction
108	108	17 disorder related conviction records, including records contained
109	109	18 in:
110	110	19 (1) a court's files;
111	111	20 (2) the files of the department of correction;
112	112	21 (3) the files of the bureau of motor vehicles; and
113	113	22 (4) the files of any other person that provided treatment or
114	114	23 services to the petitioning person under a court order;
115	115	24 that relate to the person's addiction disorder related conviction.
116	116	25 (b) A person who files a petition to expunge addiction disorder
117	117	26 related conviction records shall file the petition in the sentencing
118	118	27 court in the county of conviction.
119	119	28 (c) If the court finds by a preponderance of the evidence that:
120	120	29 (1) the person was convicted of an offense described in section
121	121	30 2(2) of this chapter;
122	122	31 (2) the person has successfully completed a high intensity
123	123	32 residential treatment program; and
124	124	33 (3) the person has not been charged with another offense;
125	125	34 the court may order the addiction disorder related conviction
126	126	35 records described in subsection (a) expunged in accordance with
127	127	36 section 4 of this chapter. The court may order the expungement of
128	128	37 some or all of the person's addiction disorder related convictions.
129	129	38 Sec. 4. (a) If a court orders a person's addiction disorder related
130	130	39 conviction records expunged under section 3 of this chapter, the
131	131	40 court shall do the following with respect to the specific records
132	132	41 expunged by the court:
133	133	42 (1) Order:
134	134	2025 IN 217—LS 6730/DI 151 4
135	135	1 (A) the department of correction;
136	136	2 (B) the bureau of motor vehicles; and
137	137	3 (C) each:
138	138	4 (i) law enforcement agency; and
139	139	5 (ii) other person;
140	140	6 that incarcerated, provided treatment for, or provided
141	141	7 other services for the person under an order of a court;
142	142	8 to prohibit the release of the person's records or information
143	143	9 in the person's records to anyone without a court order, other
144	144	10 than a law enforcement officer acting in the course of the
145	145	11 officer's official duty.
146	146	12 (2) Order the central repository for criminal history
147	147	13 information maintained by the state police department to seal
148	148	14 the person's expunged conviction records. Records sealed
149	149	15 under this subdivision may be disclosed only to:
150	150	16 (A) a prosecuting attorney, if:
151	151	17 (i) authorized by a court order; and
152	152	18 (ii) needed to carry out the official duties of the
153	153	19 prosecuting attorney;
154	154	20 (B) a defense attorney, if:
155	155	21 (i) authorized by a court order; and
156	156	22 (ii) needed to carry out the professional duties of the
157	157	23 defense attorney;
158	158	24 (C) a probation department, if:
159	159	25 (i) authorized by a court order; and
160	160	26 (ii) necessary to prepare a presentence report;
161	161	27 (D) the Federal Bureau of Investigation and the
162	162	28 Department of Homeland Security, if disclosure is required
163	163	29 to comply with an agreement relating to the sharing of
164	164	30 criminal history information;
165	165	31 (E) the:
166	166	32 (i) supreme court;
167	167	33 (ii) members of the state board of law examiners;
168	168	34 (iii) executive director of the state board of law
169	169	35 examiners; and
170	170	36 (iv) employees of the state board of law examiners, in
171	171	37 accordance with rules adopted by the state board of law
172	172	38 examiners;
173	173	39 for the purpose of determining whether an applicant
174	174	40 possesses the necessary good moral character for
175	175	41 admission to the bar;
176	176	42 (F) a person required to access expunged records to
177	177	2025 IN 217—LS 6730/DI 151 5
178	178	1 comply with the Secure and Fair Enforcement for
179	179	2 Mortgage Licensing Act (12 U.S.C. 5101 et seq.) or
180	180	3 regulations adopted under the Secure and Fair
181	181	4 Enforcement for Mortgage Licensing Act;
182	182	5 (G) the bureau of motor vehicles, the Federal Motor
183	183	6 Carrier Safety Administration, and the Commercial
184	184	7 Drivers License Information System (CDLIS), if disclosure
185	185	8 is required to comply with federal law relating to reporting
186	186	9 a conviction for a violation of a traffic control law; and
187	187	10 (H) a school (as defined in IC 22-4-2-37), for the purpose of
188	188	11 determining whether to:
189	189	12 (i) employ a person seeking employment, including
190	190	13 volunteer employment, with the school;
191	191	14 (ii) continue a person's employment, including volunteer
192	192	15 employment at the school; or
193	193	16 (iii) grant access or admission to the school to an
194	194	17 applicant contractor or a contractor;
195	195	18 if the person, contractor, or applicant contractor is likely
196	196	19 to have contact with a student enrolled in the school,
197	197	20 regardless of the age of the student.
198	198	21 (3) Notify the clerk of the supreme court to seal any records
199	199	22 in the clerk's possession that relate to the conviction.
200	200	23 A probation department may provide an unredacted version of a
201	201	24 presentence report disclosed under subdivision (2)(C) to any
202	202	25 person authorized by law to receive a presentence report.
203	203	26 (b) Except as provided in subsection (c), if a petition to expunge
204	204	27 a person's addiction disorder related conviction records is granted
205	205	28 under section 3 of this chapter, the records of:
206	206	29 (1) the sentencing court;
207	207	30 (2) a juvenile court;
208	208	31 (3) a court of appeals; and
209	209	32 (4) the supreme court;
210	210	33 concerning the person's addiction disorder related conviction shall
211	211	34 be permanently sealed. However, a petition for expungement
212	212	35 granted under section 3 of this chapter does not affect an existing
213	213	36 or pending driver's license suspension.
214	214	37 (c) If a petition to expunge addiction disorder related conviction
215	215	38 records is granted under section 3 of this chapter with respect to
216	216	39 the records of a person who is named as an appellant or an
217	217	40 appellee in an opinion or memorandum decision by the supreme
218	218	41 court or the court of appeals, the court shall:
219	219	42 (1) redact the opinion or memorandum decision as it appears
220	220	2025 IN 217—LS 6730/DI 151 6
221	221	1 on the computer gateway administered by the office of
222	222	2 technology so that it does not include the petitioner's name (in
223	223	3 the same manner that opinions involving juveniles are
224	224	4 redacted); and
225	225	5 (2) provide a redacted copy of the opinion or memorandum
226	226	6 decision to any publisher or organization to whom the opinion
227	227	7 or memorandum decision is provided after the date of the
228	228	8 order of expungement.
229	229	9 The supreme court and court of appeals are not required to
230	230	10 destroy or otherwise dispose of any existing copy of an opinion or
231	231	11 memorandum decision that includes the petitioner's name.
232	232	12 (d) Notwithstanding subsection (b), a prosecuting attorney may
233	233	13 submit a written application to a court that granted an
234	234	14 expungement petition under this chapter to gain access to any
235	235	15 records that were permanently sealed under subsection (b), if the
236	236	16 records are relevant in a new prosecution of the person. If a
237	237	17 prosecuting attorney who submits a written application under this
238	238	18 subsection shows that the records are relevant for a new
239	239	19 prosecution of the person, the court that granted the expungement
240	240	20 petition shall:
241	241	21 (1) order the records to be unsealed; and
242	242	22 (2) allow the prosecuting attorney who submitted the written
243	243	23 application to have access to the records.
244	244	24 If a court orders records to be unsealed under this subsection, the
245	245	25 court shall order the records to be permanently resealed at the
246	246	26 earliest possible time after the reasons for unsealing the records
247	247	27 cease to exist. However, if the records are admitted as evidence
248	248	28 against the person in a new prosecution that results in the person's
249	249	29 conviction, or are used to enhance a sentence imposed on the
250	250	30 person in a new prosecution, the court is not required to reseal the
251	251	31 records.
252	252	32 (e) If a person whose addiction disorder related conviction
253	253	33 records are expunged under section 3 of this chapter is required to
254	254	34 register as a sex offender based on the commission of a felony that
255	255	35 has been expunged:
256	256	36 (1) the expungement does not affect the operation of the sex
257	257	37 offender registry website, any person's ability to access the
258	258	38 person's records, records required to be maintained
259	259	39 concerning sex or violent offenders, or any registration
260	260	40 requirement imposed on the person; and
261	261	41 (2) the expunged conviction must be clearly marked as
262	262	42 expunged on the sex offender registry website.
263	263	2025 IN 217—LS 6730/DI 151 7
264	264	1 (f) Expungement of a crime of domestic violence under section
265	265	2 3 of this chapter does not restore a person's right to possess a
266	266	3 firearm. The right of a person convicted of a crime of domestic
267	267	4 violence to possess a firearm may be restored only in accordance
268	268	5 with IC 35-47-4-7.
269	269	6 (g) If the court issues an order granting a petition for
270	270	7 expungement under section 3 of this chapter, the court shall
271	271	8 include in its order the information described in section 5(a) of this
272	272	9 chapter.
273	273	10 Sec. 5. (a) A person may seek an expungement under section 3
274	274	11 of this chapter by filing a verified petition for expungement. The
275	275	12 petition must include the following:
276	276	13 (1) The petitioner's full name and all other legal names or
277	277	14 aliases by which the petitioner is or has been known.
278	278	15 (2) The petitioner's date of birth.
279	279	16 (3) The petitioner's addresses from the date of the offense to
280	280	17 the date of the petition.
281	281	18 (4) The name and address of the high intensity residential
282	282	19 treatment program.
283	283	20 (5) The case number or court cause number, if available.
284	284	21 (6) The petitioner shall affirm that no criminal investigation
285	285	22 or charges are pending against the petitioner.
286	286	23 (7) The petitioner shall affirm that the petitioner has not
287	287	24 committed another crime within the period required for
288	288	25 expungement.
289	289	26 (8) The petitioner shall affirm that the petitioner has
290	290	27 successfully completed a high intensity residential treatment
291	291	28 program.
292	292	29 (9) The petitioner shall list all convictions, the cause number
293	293	30 of each conviction, if known, the date of the conviction, and
294	294	31 any appeals from the conviction and the date any appellate
295	295	32 opinion was handed down, if applicable.
296	296	33 (10) The petitioner shall separately list the addiction disorder
297	297	34 related convictions that the petitioner wishes expunged, with
298	298	35 a concise explanation of why these convictions are addiction
299	299	36 disorder related convictions.
300	300	37 (11) The petitioner shall include:
301	301	38 (A) the petitioner's Social Security number;
302	302	39 (B) the petitioner's driver's license number;
303	303	40 (C) the date of the petitioner's arrest, if applicable; and
304	304	41 (D) the date of the petitioner's addiction disorder related
305	305	42 conviction.
306	306	2025 IN 217—LS 6730/DI 151 8
307	307	1 (12) The petitioner shall describe any other petitions that the
308	308	2 petitioner has filed under this chapter.
309	309	3 (b) The petitioner may include any other information that the
310	310	4 petitioner believes may assist the court.
311	311	5 (c) A person who files a petition under this section is required to
312	312	6 pay the filing fee required in civil cases. The court may reduce or
313	313	7 waive this fee if the person is indigent.
314	314	8 (d) The petitioner shall serve a copy of the petition upon the
315	315	9 prosecuting attorney in accordance with the Indiana Rules of Trial
316	316	10 Procedure.
317	317	11 (e) The prosecuting attorney shall inform each victim of the
318	318	12 offense for which expungement is sought of the victim's rights
319	319	13 under IC 35-40-6 by contacting the victim at the victim's last
320	320	14 known address.
321	321	15 (f) The prosecuting attorney shall reply to the petition not later
322	322	16 than sixty (60) days after receipt. If the prosecuting attorney fails
323	323	17 to timely reply to the petition:
324	324	18 (1) the prosecuting attorney has waived any objection to the
325	325	19 petition; and
326	326	20 (2) the court shall proceed to consider the petition under
327	327	21 section 6 of this chapter.
328	328	22 Sec. 6. (a) If the prosecuting attorney does not object or has
329	329	23 waived objection to the petition under section 5 of this chapter, the
330	330	24 court may grant a petition for expungement under section 3 of this
331	331	25 chapter without a hearing.
332	332	26 (b) The court may summarily deny a petition for expungement
333	333	27 under section 3 of this chapter if the petition does not meet the
334	334	28 requirements of section 5 of this chapter, or if the statements
335	335	29 contained in the petition demonstrate that the petitioner is not
336	336	30 entitled to relief.
337	337	31 (c) If the prosecuting attorney objects to the petition, the
338	338	32 prosecuting attorney shall file the reasons for objecting to the
339	339	33 petition with the court and serve a copy of the objections on the
340	340	34 petitioner at the time the prosecuting attorney objects to the
341	341	35 petition. The court shall set the matter for hearing not sooner than
342	342	36 thirty (30) days after service of the petition on the prosecuting
343	343	37 attorney.
344	344	38 (d) A victim of the offense for which expungement is sought may
345	345	39 submit an oral or written statement in support of or in opposition
346	346	40 to the petition at the time of the hearing.
347	347	41 (e) At the hearing, the petitioner must prove by a
348	348	42 preponderance of the evidence that the facts alleged in the verified
349	349	2025 IN 217—LS 6730/DI 151 9
350	350	1 petition are true.
351	351	2 Sec. 7. The grant or denial of a petition under this chapter is an
352	352	3 appealable final order.
353	353	4 Sec. 8. A petitioner may seek to expunge more than one (1)
354	354	5 addiction disorder related conviction under this chapter at the
355	355	6 same time. The petitioner shall consolidate all addiction disorder
356	356	7 related convictions that the petitioner wishes to expunge from the
357	357	8 same county in one (1) petition. A petitioner who wishes to expunge
358	358	9 convictions from separate counties must file a petition in each
359	359	10 county in which a conviction was entered.
360	360	11 Sec. 9. (a) This section does not apply to a person to whom
361	361	12 sealed records may be disclosed under section 4(a)(2) of this
362	362	13 chapter. With respect to a person seeking employment with a law
363	363	14 enforcement agency or a probation or community corrections
364	364	15 department, including volunteer employment, subsections (b), (d),
365	365	16 and (e) do not apply to the law enforcement agency or the
366	366	17 probation or community corrections department.
367	367	18 (b) Except as provided in subsection (e), it is unlawful
368	368	19 discrimination for any person to:
369	369	20 (1) suspend;
370	370	21 (2) expel;
371	371	22 (3) refuse to employ;
372	372	23 (4) refuse to admit;
373	373	24 (5) refuse to grant or renew a license, permit, or certificate
374	374	25 necessary to engage in any activity, occupation, or profession;
375	375	26 or
376	376	27 (6) otherwise discriminate against;
377	377	28 any person because of a conviction or record expunged under this
378	378	29 chapter.
379	379	30 (c) Except as provided in section 4(f) of this chapter, the civil
380	380	31 rights of a person whose conviction has been expunged under this
381	381	32 chapter shall be fully restored, including the right to vote, to hold
382	382	33 public office, to be a proper person under IC 35-47-1-7(2), and to
383	383	34 serve as a juror.
384	384	35 (d) A person whose record is expunged under this chapter shall
385	385	36 be treated as if the person had never been convicted of the offense.
386	386	37 However, upon a subsequent arrest or conviction for an unrelated
387	387	38 offense, the prior expunged conviction:
388	388	39 (1) may be considered by the court in determining the
389	389	40 sentence imposed for the new offense;
390	390	41 (2) is a prior unrelated conviction for purposes of:
391	391	42 (A) a habitual offender enhancement; and
392	392	2025 IN 217—LS 6730/DI 151 10
393	393	1 (B) enhancing the new offense based on a prior conviction;
394	394	2 and
395	395	3 (3) may be admitted as evidence in the proceeding for a new
396	396	4 offense as if the conviction had not been expunged.
397	397	5 (e) Any person that discriminates against a person as described
398	398	6 in subsection (b) commits a Class C infraction and may be held in
399	399	7 contempt by the court issuing the order of expungement or by any
400	400	8 other court of general jurisdiction.
401	401	9 (f) Any person may file a written motion of contempt to bring an
402	402	10 alleged violation of this section to the attention of a court. In
403	403	11 addition, the person is entitled to injunctive relief.
404	404	12 (g) In a judicial or administrative proceeding alleging
405	405	13 negligence or other fault, an order of expungement may be
406	406	14 introduced as evidence of a person's exercise of due care in hiring,
407	407	15 retaining, licensing, certifying, admitting to a school or program,
408	408	16 or otherwise transacting business or engaging in activity with a
409	409	17 person to whom an order of expungement was issued under this
410	410	18 chapter.
411	411	19 (h) A conviction that has been expunged under this chapter is
412	412	20 not admissible as evidence in an action for negligent hiring,
413	413	21 admission, or licensure against a person that relied on the order.
414	414	22 (i) An expungement case, and all documents filed in the case,
415	415	23 becomes confidential when the court issues an expungement order.
416	416	24 However, until the court issues an expungement order, documents
417	417	25 filed in the case are not confidential, and any hearing held in the
418	418	26 case shall be open.
419	419	27 Sec. 10. (a) A person may not waive the right to expungement
420	420	28 under this chapter as part of a plea agreement. Any purported
421	421	29 waiver of the right to expungement under this chapter in a plea
422	422	30 agreement is invalid and unenforceable as against public policy.
423	423	31 (b) This section does not prohibit the finding of a waiver of the
424	424	32 right to expungement under this chapter based on a failure to
425	425	33 comply with the provisions of this chapter.
426	426	34 Sec. 11. The remedies provided by this chapter are in addition
427	427	35 to, and separate from, any other expungement remedies provided
428	428	36 by law.
429	429	37 Sec. 12. A criminal history provider (as defined in IC 24-4-18-2)
430	430	38 that provides a criminal history report containing an expunged
431	431	39 conviction under this chapter is subject to the penalties described
432	432	40 in IC 24-4-18-8.
433	433	2025 IN 217—LS 6730/DI 151