*SB0281.2*
Reprinted
February 19, 2025
SENATE BILL No. 281
_____
DIGEST OF SB 281 (Updated February 18, 2025 3:00 pm - DI 106)
Citations Affected: IC 31-9; IC 31-39; IC 33-24; IC 35-38.
Synopsis: Expungement. Specifies that certain records relating to
juvenile delinquency proceedings are accessible to a law enforcement
officer acting within the scope of the officer's duties, and requires
persons having custody of these records to take steps to ensure that
these records are available to the law enforcement officer in a timely
manner. Repeals a provision requiring a court to expunge certain
records on the court's own motion. Specifies that the juvenile court
shall cooperate to ensure that certain records are available to the
prosecuting attorney or a deputy. Allows the expungement of official
misconduct if: (1) the person seeking the expungement is not an elected
official; and (2) the prosecuting attorney consents. 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. Prohibits
expungement for a person convicted of unlawful possession of a
firearm by a serious violent felon. Requires the office of judicial
administration, before July 1, 2025, to establish an electronic system
for transmitting a chronological case summary to the state police
department for purposes of expungement.
Effective: July 1, 2025.
Baldwin, Freeman,
Randolph Lonnie M
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
February 13, 2025, amended, reported favorably — Do Pass.
February 18, 2025, read second time, amended, ordered engrossed.
SB 281—LS 6886/DI 106 Reprinted
February 19, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 281
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 31-9-2-99 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 99. "Prosecuting
3 attorney", for purposes of the juvenile law, means the prosecuting
4 attorney or the prosecuting attorney's deputy. of the judicial circuit
5 where the juvenile court is located.
6 SECTION 2. IC 31-39-2-5 IS AMENDED TO READ AS
7 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. The records of the
8 juvenile court are available without a court order to the prosecuting
9 attorney or any authorized staff member. The juvenile court shall
10 cooperate with a prosecuting attorney or any authorized staff
11 member to ensure that these records are accessible by web portal
12 to the prosecuting attorney, and are otherwise available in a timely
13 manner to a prosecuting attorney or any authorized staff member
14 acting within the scope of their duties.
15 SECTION 3. IC 31-39-2-5.5 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2025]: Sec. 5.5. The following records of the juvenile court
SB 281—LS 6886/DI 106 2
1 relating to a delinquency proceeding are available without a court
2 order to a law enforcement officer acting within the scope of the
3 officer's duties:
4 (1) The child's name and age.
5 (2) The nature of the delinquent act.
6 (3) The chronological case summary.
7 (4) Index entries, summonses, warrants, petitions, orders,
8 motions (excluding psychological or child abuse evaluations),
9 decrees, and photographs for specific adjudications.
10 The juvenile court shall cooperate with a law enforcement agency
11 to ensure that these records are accessible from the mobile
12 terminal of a law enforcement officer, and are otherwise available
13 to a law enforcement officer acting within the scope of the officer's
14 duties in a timely manner.
15 SECTION 4. IC 31-39-4-2 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The records of a
17 law enforcement agency are available, without specific permission
18 from the head of the agency, to a law enforcement officer acting within
19 the scope of the officer's lawful duties.
20 (b) The law enforcement agency shall ensure that the records
21 are accessible from the mobile terminal of a law enforcement
22 officer, and are otherwise available to a law enforcement officer
23 acting within the scope of the officer's duties in a timely manner.
24 SECTION 5. IC 31-39-8-2, AS AMENDED BY P.L.86-2017,
25 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 2. (a) Any person may petition a juvenile court at
27 any time to remove from:
28 (1) the court's files;
29 (2) the files of law enforcement agencies; and
30 (3) the files of any other person who has provided services to a
31 child under a court order;
32 those records pertaining to the person's involvement in juvenile court
33 proceedings that are not delinquency proceedings.
34 (b) Any person may petition a juvenile court at any time to seal
35 records relating to a delinquency proceeding that are maintained
36 in:
37 (1) the court's files; and
38 (2) the files of law enforcement agencies.
39 Sealed records under this subsection shall be made available to a
40 law enforcement officer acting within the scope of the officer's
41 duties, but may not be made available to the public without a court
42 order.
SB 281—LS 6886/DI 106 3
1 (b) Under this section (c) Electronic records not relating to a
2 delinquency proceeding shall be removed to a secure data base to
3 which the public or another person not having legal or statutory
4 authority to access the records is not granted access to the data base.
5 SECTION 6. IC 31-39-8-3.5 IS REPEALED [EFFECTIVE JULY
6 1, 2025]. Sec. 3.5. (a) This section does not apply to the records of a
7 child adjudicated a delinquent child for committing an act that would
8 be:
9 (1) a felony if committed by an adult;
10 (2) a violation of IC 35-47-2; or
11 (3) a violation of IC 35-47-10.
12 (b) This section applies to the records of a child adjudicated a
13 delinquent child after June 30, 2021.
14 (c) When a child reaches nineteen (19) years of age, or one (1) year
15 after the date on which the juvenile court discharges the child under
16 IC 31-37-20-7, whichever is later, the court shall, on its own motion
17 and without holding a hearing, order expungement of the records
18 relating to the child's delinquency adjudication that are not excluded
19 under subsection (a) within sixty (60) days, unless the court finds,
20 based on the nature of the delinquent act and the needs of the child,
21 that automatic expungement under this section would not serve the
22 interests of justice.
23 (d) The expungement provisions in this section supplement and are
24 in addition to expungement provisions located elsewhere in this
25 chapter. A person entitled to expungement of delinquency records
26 under this section may also seek expungement under any other
27 applicable section of this chapter.
28 SECTION 7. IC 31-39-8-5 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This subsection
30 applies to an expungement petition that does not relate to a
31 delinquency proceeding. If the court grants the expungement petition,
32 the court shall order each law enforcement agency and each person
33 who provided treatment for the child under an order of the court to send
34 that person's records to the court.
35 (b) This subsection applies to an expungement petition that
36 relates to a delinquency proceeding. If the court grants the
37 expungement petition, the court shall order each person who
38 provided treatment for the child under an order of the court to
39 send that person's records to the court.
40 SECTION 8. IC 31-39-8-6, AS AMENDED BY P.L.157-2021,
41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 6. (a) This section does not apply to records
SB 281—LS 6886/DI 106 4
1 relating to a delinquency proceeding. Subject to subsections (b) and
2 (c), the records shall be destroyed upon a grant of an expungement
3 petition by the court. including an expungement order issued under
4 section 3.5 of this chapter.
5 (b) Data from the records in subsection (a) shall be maintained by
6 the court on a secure data base that does not enable identification of the
7 offender to the public or another person not having legal or statutory
8 authority to access the records.
9 (c) The records maintained in the data base under subsection (b)
10 may be used only for statistical analysis, research, and financial
11 auditing purposes.
12 SECTION 9. IC 31-39-8-6.5 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2025]: Sec. 6.5. (a) This section applies to records relating to a
15 delinquency proceeding. Records relating to a delinquency
16 proceeding shall be sealed upon a grant of an expungement petition
17 by the court. Sealed records under this section shall be made
18 available to a law enforcement officer acting within the scope of the
19 officer's duties, but, except as provided in subsections (b) and (c),
20 may not be made available to the public without a court order.
21 (b) The court may maintain data from the records in subsection
22 (a) on a secure data base, separate from the data base to which a
23 law enforcement officer and persons with a court order have
24 access, that does not enable identification of the offender to the
25 public or another person not having legal or statutory authority to
26 access the records.
27 (c) The records maintained in the data base under subsection (b)
28 may be used only for statistical analysis, research, and financial
29 auditing purposes.
30 SECTION 10. IC 31-39-8-8 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2025]: Sec. 8. A person having custody of sealed records relating
33 to a delinquency proceeding shall cooperate with a law
34 enforcement agency to ensure that these records are accessible
35 from the mobile terminal of a law enforcement officer, and are
36 otherwise available to a law enforcement officer acting within the
37 scope of the officer's duties in a timely manner.
38 SECTION 11. IC 33-24-6-3, AS AMENDED BY P.L.104-2024,
39 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 3. (a) The office of judicial administration shall
41 do the following:
42 (1) Examine the administrative and business methods and systems
SB 281—LS 6886/DI 106 5
1 employed in the offices of the clerks of court and other offices
2 related to and serving the courts and make recommendations for
3 necessary improvement.
4 (2) Collect and compile statistical data and other information on
5 the judicial work of the courts in Indiana. All justices of the
6 supreme court, judges of the court of appeals, judges of all trial
7 courts, and any city or town courts, whether having general or
8 special jurisdiction, court clerks, court reporters, and other
9 officers and employees of the courts shall, upon notice by the
10 chief administrative officer and in compliance with procedures
11 prescribed by the chief administrative officer, furnish the chief
12 administrative officer the information as is requested concerning
13 the nature and volume of judicial business. The information must
14 include the following:
15 (A) The volume, condition, and type of business conducted by
16 the courts.
17 (B) The methods of procedure in the courts.
18 (C) The work accomplished by the courts.
19 (D) The receipt and expenditure of public money by and for
20 the operation of the courts.
21 (E) The methods of disposition or termination of cases.
22 (3) Prepare and publish reports, not less than one (1) or more than
23 two (2) times per year, on the nature and volume of judicial work
24 performed by the courts as determined by the information
25 required in subdivision (2).
26 (4) Serve the judicial nominating commission and the judicial
27 qualifications commission in the performance by the commissions
28 of their statutory and constitutional functions.
29 (5) Administer the civil legal aid fund as required by IC 33-24-12.
30 (6) Administer the court technology fund established by section
31 12 of this chapter.
32 (7) By December 31, 2013, develop and implement a standard
33 protocol for sending and receiving court data:
34 (A) between the protective order registry, established by
35 IC 5-2-9-5.5, and county court case management systems;
36 (B) at the option of the prosecuting attorney, for:
37 (i) a prosecuting attorney's case management system;
38 (ii) a county court case management system; and
39 (iii) a county court case management system developed and
40 operated by the office of judicial administration;
41 to interface with the electronic traffic tickets, as defined by
42 IC 9-30-3-2.5; and
SB 281—LS 6886/DI 106 6
1 (C) between county court case management systems and the
2 case management system developed and operated by the office
3 of judicial administration.
4 The standard protocol developed and implemented under this
5 subdivision shall permit private sector vendors, including vendors
6 providing service to a local system and vendors accessing the
7 system for information, to send and receive court information on
8 an equitable basis and at an equitable cost, and for a case
9 management system developed and operated by the office of
10 judicial administration, must include a searchable field for the
11 name and bail agent license number, if applicable, of the bail
12 agent or a person authorized by the surety that pays bail for an
13 individual as described in IC 35-33-8-3.2.
14 (8) Establish and administer an electronic system for receiving
15 information that relates to certain individuals who may be
16 prohibited from possessing a firearm for the purpose of:
17 (A) transmitting this information to the Federal Bureau of
18 Investigation for inclusion in the NICS; and
19 (B) beginning July 1, 2021, compiling and publishing certain
20 statistics related to the confiscation and retention of firearms
21 as described under section 14 of this chapter.
22 (9) Establish and administer an electronic system for receiving
23 drug related felony conviction information from courts. The office
24 of judicial administration shall notify NPLEx of each drug related
25 felony entered after June 30, 2012, and do the following:
26 (A) Provide NPLEx with the following information:
27 (i) The convicted individual's full name.
28 (ii) The convicted individual's date of birth.
29 (iii) The convicted individual's driver's license number, state
30 personal identification number, or other unique number, if
31 available.
32 (iv) The date the individual was convicted of the felony.
33 Upon receipt of the information from the office of judicial
34 administration, a stop sale alert must be generated through
35 NPLEx for each individual reported under this clause.
36 (B) Notify NPLEx if the felony of an individual reported under
37 clause (A) has been:
38 (i) set aside;
39 (ii) reversed;
40 (iii) expunged; or
41 (iv) vacated.
42 Upon receipt of information under this clause, NPLEx shall
SB 281—LS 6886/DI 106 7
1 remove the stop sale alert issued under clause (A) for the
2 individual.
3 (10) After July 1, 2018, establish and administer an electronic
4 system for receiving from courts felony or misdemeanor
5 conviction information for each felony or misdemeanor described
6 in IC 20-28-5-8(c). The office of judicial administration shall
7 notify the department of education at least one (1) time each week
8 of each felony or misdemeanor described in IC 20-28-5-8(c)
9 entered after July 1, 2018, and do the following:
10 (A) Provide the department of education with the following
11 information:
12 (i) The convicted individual's full name.
13 (ii) The convicted individual's date of birth.
14 (iii) The convicted individual's driver's license number, state
15 personal identification number, or other unique number, if
16 available.
17 (iv) The date the individual was convicted of the felony or
18 misdemeanor.
19 (B) Notify the department of education if the felony or
20 misdemeanor of an individual reported under clause (A) has
21 been:
22 (i) set aside;
23 (ii) reversed; or
24 (iii) vacated.
25 (11) Perform legal and administrative duties for the justices as
26 determined by the justices.
27 (12) Provide staff support for the judicial conference of Indiana
28 established in IC 33-38-9.
29 (13) Work with the United States Department of Veterans Affairs
30 to identify and address the needs of veterans in the court system.
31 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
32 judicial officer an identification card identifying the retired
33 judicial officer as a retired judicial officer.
34 (15) Establish and administer the statewide juvenile justice data
35 aggregation plan established under section 12.5 of this chapter.
36 (16) Create and make available an application for detention to be
37 used in proceedings under IC 12-26-5 (mental health detention,
38 commitment, and treatment).
39 (17) Create and make available a uniform form to assist a court in
40 making an indigency determination under IC 35-33-7-6.5.
41 (18) Before July 1, 2025, establish and administer an
42 electronic system for:
SB 281—LS 6886/DI 106 8
1 (A) receiving a request for a chronological case summary
2 from; and
3 (B) transmitting a chronological case summary to;
4 the state police department for purposes of expungement.
5 (b) All forms to be used in gathering data must be approved by the
6 supreme court and shall be distributed to all judges and clerks before
7 the start of each period for which reports are required.
8 (c) The office of judicial administration may adopt rules to
9 implement this section.
10 SECTION 12. IC 35-38-9-4, AS AMENDED BY P.L.52-2021,
11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b) and
13 section 8.5 of this chapter, this section applies only to a person
14 convicted of a felony who may not seek expungement of that felony
15 under section 3 of this chapter.
16 (b) This section does not apply to the following:
17 (1) An elected official convicted of an offense while serving the
18 official's term or as a candidate for public office.
19 (2) A sex or violent offender (as defined in IC 11-8-8-5).
20 (3) A person convicted of a felony that resulted in serious bodily
21 injury to another person.
22 (4) A person convicted of a felony that resulted in death to
23 another person.
24 (5) A person convicted of official misconduct (IC 35-44.1-1-1).
25 (6) A person convicted of an offense described in:
26 (A) IC 35-42-1;
27 (B) IC 35-42-3.5; or
28 (C) IC 35-42-4.
29 (7) A person convicted of two (2) or more felony offenses that:
30 (A) involved the unlawful use of a deadly weapon; and
31 (B) were not committed as part of the same episode of criminal
32 conduct.
33 (8) A person convicted of unlawful possession of a firearm by
34 a serious violent felon (IC 35-47-4-5).
35 (c) Not earlier than the later of eight (8) years from the date of
36 conviction, or three (3) years from the completion of the person's
37 sentence, unless the prosecuting attorney consents in writing to an
38 earlier period, the person convicted of the felony may petition a court
39 to expunge all conviction records, including records contained in:
40 (1) a court's files;
41 (2) the files of the department of correction;
42 (3) the files of the bureau of motor vehicles; and
SB 281—LS 6886/DI 106 9
1 (4) the files of any other person who provided treatment or
2 services to the petitioning person under a court order;
3 that relate to the person's felony conviction, including records of a
4 collateral action.
5 (d) A person who files a petition to expunge conviction records,
6 including any records relating to the conviction and any records
7 concerning a collateral action, shall file the petition in a circuit or
8 superior court in the county of conviction.
9 (e) If the court finds by a preponderance of the evidence that:
10 (1) the period required by this section has elapsed;
11 (2) no charges are pending against the person;
12 (3) the person has paid all fines, fees, and court costs, and
13 satisfied any restitution obligation placed on the person as part of
14 the sentence; and
15 (4) the person has not been convicted of a felony or misdemeanor
16 within the previous eight (8) years (or within a shorter period
17 agreed to by the prosecuting attorney if the prosecuting attorney
18 has consented to a shorter period under subsection (c));
19 the court may order the conviction records described in subsection (c),
20 including any records relating to the conviction and any records
21 concerning a collateral action, marked as expunged in accordance with
22 section 7 of this chapter. A person whose records have been ordered
23 marked as expunged under this section is considered to have had the
24 person's records expunged for all purposes other than the disposition
25 of the records.
26 SECTION 13. IC 35-38-9-5, AS AMENDED BY P.L.52-2021,
27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b) and
29 section 8.5 of this chapter, this section applies to a person convicted of
30 a felony, including:
31 (1) an elected official convicted of an offense, other than official
32 misconduct, while serving the official's term or as a candidate for
33 public office; and
34 (2) a person convicted of a felony that resulted in serious bodily
35 injury to another person, if the felony is not a crime of violence
36 (IC 35-50-1-2); and
37 (3) a person convicted of official misconduct, if the person is
38 not an elected official described in subsection (b)(2).
39 (b) This section does not apply to the following:
40 (1) A sex or violent offender (as defined in IC 11-8-8-5).
41 (2) A person An elected official convicted of official misconduct
42 (IC 35-44.1-1-1) while serving the official's term or as a
SB 281—LS 6886/DI 106 10
1 candidate for public office.
2 (3) A person convicted of an offense described in:
3 (A) IC 35-42-1;
4 (B) IC 35-42-3.5; or
5 (C) IC 35-42-4.
6 (4) A person convicted of two (2) or more felony offenses that:
7 (A) involved the unlawful use of a deadly weapon; and
8 (B) were not committed as part of the same episode of criminal
9 conduct.
10 (5) A person convicted of a felony that resulted in death to
11 another person.
12 (6) A person convicted of unlawful possession of a firearm by
13 a serious violent felon (IC 35-47-4-5).
14 (c) Not earlier than the later of ten (10) years from the date of
15 conviction, or five (5) years from the completion of the person's
16 sentence, unless the prosecuting attorney consents in writing to an
17 earlier period, the person convicted of the felony may petition a court
18 to expunge all conviction records, including records contained in:
19 (1) a court's files;
20 (2) the files of the department of correction;
21 (3) the files of the bureau of motor vehicles; and
22 (4) the files of any other person who provided treatment or
23 services to the petitioning person under a court order;
24 that relate to the person's felony conviction, including records of a
25 collateral action.
26 (d) A person who files a petition to expunge conviction records,
27 including any records relating to the conviction and any records
28 concerning a collateral action, shall file the petition in a circuit or
29 superior court in the county of conviction.
30 (e) If the court finds by a preponderance of the evidence that:
31 (1) the period required by this section has elapsed;
32 (2) no charges are pending against the person;
33 (3) the person has paid all fines, fees, and court costs, and
34 satisfied any restitution obligation placed on the person as part of
35 the sentence;
36 (4) the person has not been convicted of a felony or misdemeanor
37 within the previous ten (10) years (or within a shorter period
38 agreed to by the prosecuting attorney if the prosecuting attorney
39 has consented to a shorter period under subsection (c)); and
40 (5) the prosecuting attorney has consented in writing to the
41 expungement of the person's criminal records;
42 the court may order the conviction records described in subsection (c),
SB 281—LS 6886/DI 106 11
1 including any records relating to the conviction and any records
2 concerning a collateral action, marked as expunged in accordance with
3 section 7 of this chapter. A person whose records have been ordered
4 marked as expunged under this section is considered to have had the
5 person's records expunged for all purposes other than the disposition
6 of the records.
7 SECTION 14. IC 35-38-9-6, AS AMENDED BY P.L.185-2023,
8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 6. (a) If the court orders conviction records,
10 including any records relating to the conviction and any records
11 concerning a collateral action, expunged under sections 2 through 3 of
12 this chapter, the court shall do the following with respect to the specific
13 records expunged by the court:
14 (1) Order:
15 (A) the department of correction;
16 (B) the bureau of motor vehicles; and
17 (C) each:
18 (i) law enforcement agency; and
19 (ii) other person;
20 who incarcerated, prosecuted, provided treatment for, or
21 provided other services for the person under an order of the
22 court;
23 to prohibit the release of the person's records or information in the
24 person's records to anyone without a court order, other than a law
25 enforcement officer acting in the course of the officer's official
26 duty.
27 (2) Order the central repository for criminal history information
28 maintained by the state police department to seal the person's
29 expunged conviction records, including information related to:
30 (A) an arrest or offense:
31 (i) in which no conviction was entered; and
32 (ii) that was committed as part of the same episode of
33 criminal conduct as the case ordered expunged; and
34 (B) any other references to any matters related to the case
35 ordered expunged, including in a collateral action.
36 This subdivision does not require the state police department to
37 seal any record the state police department does not have legal
38 authority to seal.
39 (3) Records sealed under subdivision (2) may be disclosed only
40 to:
41 (A) a prosecuting attorney, if:
42 (i) authorized by a court order; and
SB 281—LS 6886/DI 106 12
1 (ii) needed to carry out the official duties of the prosecuting
2 attorney;
3 (B) a defense attorney, if:
4 (i) authorized by a court order; and
5 (ii) needed to carry out the professional duties of the defense
6 attorney;
7 (C) a probation department, if:
8 (i) authorized by a court order; and
9 (ii) necessary to prepare a presentence report;
10 (D) the Federal Bureau of Investigation and the Department of
11 Homeland Security, if disclosure is required to comply with an
12 agreement relating to the sharing of criminal history
13 information;
14 (E) the:
15 (i) supreme court;
16 (ii) members of the state board of law examiners;
17 (iii) executive director of the state board of law examiners;
18 and
19 (iv) employees of the state board of law examiners, in
20 accordance with rules adopted by the state board of law
21 examiners;
22 for the purpose of determining whether an applicant possesses
23 the necessary good moral character for admission to the bar;
24 (F) a person required to access expunged records to comply
25 with the Secure and Fair Enforcement for Mortgage Licensing
26 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
27 Secure and Fair Enforcement for Mortgage Licensing Act;
28 (G) the bureau of motor vehicles, the Federal Motor Carrier
29 Administration, and the Commercial Drivers License
30 Information System (CDLIS), if disclosure is required to
31 comply with federal law relating to reporting a conviction for
32 a violation of a traffic control law; and
33 (H) a school (as defined in IC 22-4-2-37), for the purpose of
34 determining whether to:
35 (i) employ a person seeking employment, including
36 volunteer employment, with the school;
37 (ii) continue a person's employment, including volunteer
38 employment at the school; or
39 (iii) grant access or admission to the school to an applicant
40 contractor or a contractor;
41 if the person, contractor, or applicant contractor is likely to
42 have contact with a student enrolled in the school, regardless
SB 281—LS 6886/DI 106 13
1 of the age of the student; and
2 (I) the state police department, if disclosure is required for
3 the purpose of expunging or marking as expunged records
4 in the central repository for criminal history information.
5 (4) Notify the clerk of the supreme court to seal any records in the
6 clerk's possession that relate to the conviction, including any
7 records concerning a collateral action.
8 A probation department may provide an unredacted version of a
9 presentence report disclosed under subdivision (3)(C) to any person
10 authorized by law to receive a presentence report.
11 (b) Except as provided in subsection (c), if a petition to expunge
12 conviction records, including any records relating to the conviction and
13 any records concerning a collateral action, is granted under sections 2
14 through 3 of this chapter, the records of:
15 (1) the sentencing court;
16 (2) a court that conducted a collateral action;
17 (3) a juvenile court;
18 (4) a court of appeals; and
19 (5) the supreme court;
20 concerning the person shall be permanently sealed. However, a petition
21 for expungement granted under sections 2 through 3 of this chapter
22 does not affect an existing or pending driver's license suspension.
23 (c) If a petition to expunge conviction records, including any records
24 relating to the conviction and any records concerning a collateral
25 action, is granted under sections 2 through 3 of this chapter with
26 respect to the records of a person who is named as an appellant or an
27 appellee in an opinion or memorandum decision by the supreme court
28 or the court of appeals, or who is identified in a collateral action, the
29 court shall:
30 (1) redact the opinion or memorandum decision as it appears on
31 the computer gateway administered by the office of technology so
32 that it does not include the petitioner's name (in the same manner
33 that opinions involving juveniles are redacted); and
34 (2) provide a redacted copy of the opinion to any publisher or
35 organization to whom the opinion or memorandum decision is
36 provided after the date of the order of expungement.
37 The supreme court and court of appeals are not required to destroy or
38 otherwise dispose of any existing copy of an opinion or memorandum
39 decision that includes the petitioner's name.
40 (d) Notwithstanding subsection (b), a prosecuting attorney may
41 submit a written application to a court that granted an expungement
42 petition under this chapter to gain access to any records that were
SB 281—LS 6886/DI 106 14
1 permanently sealed under subsection (b), if the records are relevant in
2 a new prosecution of the person. If a prosecuting attorney who submits
3 a written application under this subsection shows that the records are
4 relevant for a new prosecution of the person, the court that granted the
5 expungement petition shall:
6 (1) order the records to be unsealed; and
7 (2) allow the prosecuting attorney who submitted the written
8 application to have access to the records.
9 If a court orders records to be unsealed under this subsection, the court
10 shall order the records to be permanently resealed at the earliest
11 possible time after the reasons for unsealing the records cease to exist.
12 However, if the records are admitted as evidence against the person in
13 a new prosecution that results in the person's conviction, or are used to
14 enhance a sentence imposed on the person in a new prosecution, the
15 court is not required to reseal the records.
16 (e) If a person whose conviction records, including any records
17 relating to the conviction and any records concerning a collateral
18 action, are expunged under sections 2 through 5 of this chapter is
19 required to register as a sex offender based on the commission of a
20 felony which has been expunged:
21 (1) the expungement does not affect the operation of the sex
22 offender registry web site, website, any person's ability to access
23 the person's records, records required to be maintained concerning
24 sex or violent offenders, or any registration requirement imposed
25 on the person; and
26 (2) the expunged conviction records must be clearly marked as
27 expunged on the sex offender registry web site. website.
28 (f) Expungement of a crime of domestic violence under section 2 of
29 this chapter does not restore a person's right to possess a firearm. The
30 right of a person convicted of a crime of domestic violence to possess
31 a firearm may be restored only in accordance with IC 35-47-4-7.
32 (g) If a court issues an order granting a petition for expungement
33 under sections 2 through 3 of this chapter, the court shall also order any
34 related records described in section 1(h) of this chapter sealed or
35 redacted in the manner described in section 1 of this chapter, unless the
36 records described in section 1(h) of this chapter have been ordered
37 sealed and redacted under this section.
38 (h) If the court issues an order granting a petition for expungement
39 under sections 2 through 3 of this chapter, the court shall include in its
40 order the information described in section 8(b) of this chapter.
41 (i) If the court issues an order granting a petition for expungement
42 under sections 2 through 5 of this chapter, the court shall include in its
SB 281—LS 6886/DI 106 15
1 order the information described in section 10(c) of this chapter.
SB 281—LS 6886/DI 106 16
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 281, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete lines 1 through 10, begin a new paragraph and insert:
"SECTION 1. IC 31-9-2-99 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 99. "Prosecuting
attorney", for purposes of the juvenile law, means the prosecuting
attorney or the prosecuting attorney's deputy. of the judicial circuit
where the juvenile court is located.
SECTION 2. IC 31-39-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. The records of the
juvenile court are available without a court order to the prosecuting
attorney or any authorized staff member. The juvenile court shall
cooperate with a prosecuting attorney or any authorized staff
member to ensure that these records are accessible by web portal
to the prosecuting attorney, and are otherwise available in a timely
manner to a prosecuting attorney or any authorized staff member
acting within the scope of their duties.
SECTION 3. IC 31-39-2-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5.5. The following records of the juvenile court
relating to a delinquency proceeding are available without a court
order to a law enforcement officer acting within the scope of the
officer's duties:
(1) The child's name and age.
(2) The nature of the delinquent act.
(3) The chronological case summary.
(4) Index entries, summonses, warrants, petitions, orders,
motions (excluding psychological or child abuse evaluations),
decrees, and photographs for specific adjudications.
The juvenile court shall cooperate with a law enforcement agency
to ensure that these records are accessible from the mobile
terminal of a law enforcement officer, and are otherwise available
to a law enforcement officer acting within the scope of the officer's
duties in a timely manner.".
Page 4, delete lines 17 through 42, begin a new paragraph and
insert:
"SECTION 9. IC 35-38-9-1, AS AMENDED BY P.L.9-2024,
SECTION 535, IS AMENDED TO READ AS FOLLOWS
SB 281—LS 6886/DI 106 17
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This section applies only to
a person who has been arrested, charged with an offense, or alleged to
be a delinquent child, if:
(1) the arrest, criminal charge, or juvenile delinquency allegation:
(A) did not result in a conviction or juvenile adjudication, even
if the arrest, criminal charge, or juvenile delinquency
allegation resulted in an adjudication for an infraction; or
(B) resulted in a conviction or juvenile adjudication and the
conviction or adjudication was expunged under sections 2
through 5 of this chapter, or was later vacated; and
(2) the person is not currently participating in a pretrial diversion
program, unless the prosecuting attorney authorizes the person to
petition for an expungement under this section.
(b) This subsection applies to a person charged with an offense or
alleged to be a delinquent child after June 30, 2022. If:
(1) a court dismisses all:
(A) criminal charges; or
(B) juvenile delinquency allegations;
filed and pending against a person;
(2) one (1) year has passed since juvenile delinquency allegations
were filed against a child, and:
(A) there is no disposition or order of waiver; and
(B) the state is not actively prosecuting the allegations; or
(3) in a:
(A) criminal trial a defendant is acquitted of all charges, or the
defendant's conviction is later vacated; or
(B) juvenile proceeding the court finds all allegations not true,
or the juvenile's true finding is later vacated;
the court shall immediately order all records related to the criminal
charges or juvenile delinquency allegations expunged. An
expungement order that is issued based on nonprosecution under
subdivision (2) goes into effect immediately. An expungement order
issued under subdivision (1) or (3) may not go into effect earlier than
sixty (60) days from the date of the dismissal, acquittal, or no true
finding. However, upon motion by the prosecuting attorney, if the court
finds that specific facts exist in the particular case which justify a
delay, the court may delay implementation of an expungement order
under subdivision (1) or (3) for up to one (1) year from the date of the
dismissal, acquittal, or no true finding.
(c) This subsection applies to a person arrested after June 30, 2022.
If:
(1) a person is arrested;
SB 281—LS 6886/DI 106 18
(2) one (1) year has elapsed since the date of the arrest; and
(3) no charges are pending against the person;
the person may petition a judge exercising criminal jurisdiction in the
county (or a designated judge, if applicable) for expungement, setting
forth these facts. Upon receipt of the petition, the judge shall
immediately order the expungement of all records related to the arrest.
Expungement under this subsection does not shorten the statute of
limitations. A prosecuting attorney may still file a charge under this
subsection.
(d) Not earlier than one (1) year after the date of arrest, criminal
charge, or juvenile delinquency allegation (whichever is later), if the
person was not convicted or adjudicated a delinquent child, or the
opinion vacating the conviction or adjudication becomes final, the
person may petition the court for expungement of the records related
to the arrest, criminal charge, or juvenile delinquency allegation.
However, a person may petition the court for expungement at an earlier
time if the prosecuting attorney agrees in writing to an earlier time.
(e) A petition for expungement of records must be verified and filed
in a circuit or superior court in the county where the criminal charges
or juvenile delinquency allegation was filed, or if no criminal charges
or juvenile delinquency allegation was filed, in the county where the
arrest occurred. The petition must set forth:
(1) the date of the arrest, criminal charges, or juvenile
delinquency allegation, and conviction (if applicable);
(2) the county in which the arrest occurred, the county in which
the information or indictment was filed, and the county in which
the juvenile delinquency allegation was filed, if applicable;
(3) the law enforcement agency employing the arresting officer,
if known;
(4) the court in which the criminal charges or juvenile
delinquency allegation was filed, if applicable;
(5) any other known identifying information, such as:
(A) the name of the arresting officer;
(B) case number or court cause number;
(C) any aliases or other names used by the petitioner;
(D) the petitioner's driver's license number; and
(E) a list of each criminal charge and its disposition, if
applicable;
(6) the date of the petitioner's birth; and
(7) the petitioner's Social Security number; and
(8) the chronological case summary for each case or court
cause number sought to be expunged, if available.
SB 281—LS 6886/DI 106 19
A person who files a petition under this section is not required to pay
a filing fee.
(f) The court shall serve a copy of the petition on the prosecuting
attorney.
(g) Upon receipt of a petition for expungement, the court:
(1) may summarily deny the petition if the petition does not meet
the requirements of this section, or if the statements contained in
the petition indicate that the petitioner is not entitled to relief; and
(2) shall grant the petition unless:
(A) the conditions described in subsection (a) have not been
met; or
(B) criminal charges are pending against the person.
(h) Whenever the petition of a person under this section is granted,
or if an expungement order is issued without a petition under
subsection (b):
(1) no information concerning the arrest, criminal charges,
juvenile delinquency allegation, vacated conviction, or vacated
juvenile delinquency adjudication (including information from a
collateral action that identifies the petitioner), may be placed or
retained in any state central repository for criminal history
information or in any other alphabetically arranged criminal
history information system maintained by a local, regional, or
statewide law enforcement agency;
(2) the clerk of the supreme court shall seal or redact any records
in the clerk's possession that relate to the arrest, criminal charges,
juvenile delinquency allegation, vacated conviction, or vacated
juvenile delinquency adjudication;
(3) the records of:
(A) the sentencing court;
(B) a court that conducted a collateral action;
(C) a juvenile court;
(D) a court of appeals; and
(E) the supreme court;
concerning the person shall be redacted or permanently sealed
from public access; and
(4) with respect to the records of a person who is named as an
appellant or an appellee in an opinion or memorandum decision
by the supreme court or the court of appeals, or who is identified
in a collateral action, the court shall:
(A) redact the opinion or memorandum decision as it appears
on the computer gateway administered by the office of
technology so that it does not include the petitioner's name (in
SB 281—LS 6886/DI 106 20
the same manner that opinions involving juveniles are
redacted); and
(B) provide a redacted copy of the opinion to any publisher or
organization to whom the opinion or memorandum decision is
provided after the date of the order of expungement.
The supreme court and the court of appeals are not required to
redact, destroy, or otherwise dispose of any existing copy of an
opinion or memorandum decision that includes the petitioner's
name.
(i) If the court issues an order granting a petition for expungement
under this section, or issues an order for expungement without a
petition under subsection (b), the order must include the information
described in subsection (e).
(j) If a person whose records are expunged brings an action that
might be defended with the contents of the expunged records, the
defendant is presumed to have a complete defense to the action. In
order for the plaintiff to recover, the plaintiff must show that the
contents of the expunged records would not exonerate the defendant.
The plaintiff may be required to state under oath whether the plaintiff
had records in the criminal or juvenile justice system and whether those
records were expunged. If the plaintiff denies the existence of the
records, the defendant may prove their existence in any manner
compatible with the law of evidence.
(k) Records expunged or sealed under this section must be removed
or sealed in accordance with this section, but may not be deleted or
destroyed. Records expunged or sealed under this section remain
available to the court and criminal justice agencies as needed to carry
out their official duties.".
Delete page 5.
Page 6, delete lines 1 through 32.
Page 7, line 14, delete "a crime of violence (IC 35-50-1-2)." and
insert "unlawful possession of a firearm by a serious violent felon
(IC 35-47-4-5).".
Page 8, line 34, delete "a crime of violence (IC 35-50-1-2)." and
insert "unlawful possession of a firearm by a serious violent felon
(IC 35-47-4-5).".
Page 9, after line 27, begin a new paragraph and insert:
"SECTION 14. IC 35-38-9-6, AS AMENDED BY P.L.185-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) If the court orders conviction records,
including any records relating to the conviction and any records
concerning a collateral action, expunged under sections 2 through 3 of
SB 281—LS 6886/DI 106 21
this chapter, the court shall do the following with respect to the specific
records expunged by the court:
(1) Order:
(A) the department of correction;
(B) the bureau of motor vehicles; and
(C) each:
(i) law enforcement agency; and
(ii) other person;
who incarcerated, prosecuted, provided treatment for, or
provided other services for the person under an order of the
court;
to prohibit the release of the person's records or information in the
person's records to anyone without a court order, other than a law
enforcement officer acting in the course of the officer's official
duty.
(2) Order the central repository for criminal history information
maintained by the state police department to seal the person's
expunged conviction records, including information related to:
(A) an arrest or offense:
(i) in which no conviction was entered; and
(ii) that was committed as part of the same episode of
criminal conduct as the case ordered expunged; and
(B) any other references to any matters related to the case
ordered expunged, including in a collateral action.
This subdivision does not require the state police department to
seal any record the state police department does not have legal
authority to seal.
(3) Records sealed under subdivision (2) may be disclosed only
to:
(A) a prosecuting attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the official duties of the prosecuting
attorney;
(B) a defense attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the professional duties of the defense
attorney;
(C) a probation department, if:
(i) authorized by a court order; and
(ii) necessary to prepare a presentence report;
(D) the Federal Bureau of Investigation and the Department of
Homeland Security, if disclosure is required to comply with an
SB 281—LS 6886/DI 106 22
agreement relating to the sharing of criminal history
information;
(E) the:
(i) supreme court;
(ii) members of the state board of law examiners;
(iii) executive director of the state board of law examiners;
and
(iv) employees of the state board of law examiners, in
accordance with rules adopted by the state board of law
examiners;
for the purpose of determining whether an applicant possesses
the necessary good moral character for admission to the bar;
(F) a person required to access expunged records to comply
with the Secure and Fair Enforcement for Mortgage Licensing
Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
Secure and Fair Enforcement for Mortgage Licensing Act;
(G) the bureau of motor vehicles, the Federal Motor Carrier
Administration, and the Commercial Drivers License
Information System (CDLIS), if disclosure is required to
comply with federal law relating to reporting a conviction for
a violation of a traffic control law; and
(H) a school (as defined in IC 22-4-2-37), for the purpose of
determining whether to:
(i) employ a person seeking employment, including
volunteer employment, with the school;
(ii) continue a person's employment, including volunteer
employment at the school; or
(iii) grant access or admission to the school to an applicant
contractor or a contractor;
if the person, contractor, or applicant contractor is likely to
have contact with a student enrolled in the school, regardless
of the age of the student; and
(I) the state police department, if disclosure is required for
the purpose of expunging or marking as expunged records
in the central repository for criminal history information.
(4) Notify the clerk of the supreme court to seal any records in the
clerk's possession that relate to the conviction, including any
records concerning a collateral action.
A probation department may provide an unredacted version of a
presentence report disclosed under subdivision (3)(C) to any person
authorized by law to receive a presentence report.
(b) Except as provided in subsection (c), if a petition to expunge
SB 281—LS 6886/DI 106 23
conviction records, including any records relating to the conviction and
any records concerning a collateral action, is granted under sections 2
through 3 of this chapter, the records of:
(1) the sentencing court;
(2) a court that conducted a collateral action;
(3) a juvenile court;
(4) a court of appeals; and
(5) the supreme court;
concerning the person shall be permanently sealed. However, a petition
for expungement granted under sections 2 through 3 of this chapter
does not affect an existing or pending driver's license suspension.
(c) If a petition to expunge conviction records, including any records
relating to the conviction and any records concerning a collateral
action, is granted under sections 2 through 3 of this chapter with
respect to the records of a person who is named as an appellant or an
appellee in an opinion or memorandum decision by the supreme court
or the court of appeals, or who is identified in a collateral action, the
court shall:
(1) redact the opinion or memorandum decision as it appears on
the computer gateway administered by the office of technology so
that it does not include the petitioner's name (in the same manner
that opinions involving juveniles are redacted); and
(2) provide a redacted copy of the opinion to any publisher or
organization to whom the opinion or memorandum decision is
provided after the date of the order of expungement.
The supreme court and court of appeals are not required to destroy or
otherwise dispose of any existing copy of an opinion or memorandum
decision that includes the petitioner's name.
(d) Notwithstanding subsection (b), a prosecuting attorney may
submit a written application to a court that granted an expungement
petition under this chapter to gain access to any records that were
permanently sealed under subsection (b), if the records are relevant in
a new prosecution of the person. If a prosecuting attorney who submits
a written application under this subsection shows that the records are
relevant for a new prosecution of the person, the court that granted the
expungement petition shall:
(1) order the records to be unsealed; and
(2) allow the prosecuting attorney who submitted the written
application to have access to the records.
If a court orders records to be unsealed under this subsection, the court
shall order the records to be permanently resealed at the earliest
possible time after the reasons for unsealing the records cease to exist.
SB 281—LS 6886/DI 106 24
However, if the records are admitted as evidence against the person in
a new prosecution that results in the person's conviction, or are used to
enhance a sentence imposed on the person in a new prosecution, the
court is not required to reseal the records.
(e) If a person whose conviction records, including any records
relating to the conviction and any records concerning a collateral
action, are expunged under sections 2 through 5 of this chapter is
required to register as a sex offender based on the commission of a
felony which has been expunged:
(1) the expungement does not affect the operation of the sex
offender registry web site, website, any person's ability to access
the person's records, records required to be maintained concerning
sex or violent offenders, or any registration requirement imposed
on the person; and
(2) the expunged conviction records must be clearly marked as
expunged on the sex offender registry web site. website.
(f) Expungement of a crime of domestic violence under section 2 of
this chapter does not restore a person's right to possess a firearm. The
right of a person convicted of a crime of domestic violence to possess
a firearm may be restored only in accordance with IC 35-47-4-7.
(g) If a court issues an order granting a petition for expungement
under sections 2 through 3 of this chapter, the court shall also order any
related records described in section 1(h) of this chapter sealed or
redacted in the manner described in section 1 of this chapter, unless the
records described in section 1(h) of this chapter have been ordered
sealed and redacted under this section.
(h) If the court issues an order granting a petition for expungement
under sections 2 through 3 of this chapter, the court shall include in its
order the information described in section 8(b) of this chapter.
(i) If the court issues an order granting a petition for expungement
under sections 2 through 5 of this chapter, the court shall include in its
order the information described in section 10(c) of this chapter.
SECTION 15. IC 35-38-9-8, AS AMENDED BY P.L.52-2021,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) This section applies only to a petition to
expunge conviction records, including any records relating to the
conviction and any records concerning a collateral action, under
sections 2 through 5 of this chapter. This section does not apply to a
petition to expunge records related to the arrest, criminal charge, or
juvenile delinquency allegation under section 1 of this chapter.
(b) Any person may seek an expungement under sections 2 through
5 of this chapter by filing a verified petition for expungement. The
SB 281—LS 6886/DI 106 25
petition must include the following:
(1) The petitioner's full name and all other legal names or aliases
by which the petitioner is or has been known.
(2) The petitioner's date of birth.
(3) The petitioner's addresses from the date of the offense to the
date of the petition.
(4) The case number or court cause number, if available.
(5) The chronological case summary for each case or court
cause number sought to be expunged, if available.
(5) (6) The petitioner shall affirm that no criminal investigation
or charges are pending against the petitioner.
(6) (7) The petitioner shall affirm that the petitioner has not
committed another felony or misdemeanor within the period
required for expungement.
(7) (8) The petitioner shall list all convictions, all collateral
actions, the cause number of each conviction, if known, the date
of the conviction, and any appeals from the conviction and the
date any appellate opinion was handed down, if applicable.
(8) (9) The petitioner shall include:
(A) the petitioner's Social Security number;
(B) the petitioner's driver's license number;
(C) the date of the petitioner's arrest, if applicable; and
(D) the date on which the petitioner was convicted.
(9) (10) The petitioner shall affirm that the required period has
elapsed or attach a copy of the prosecuting attorney's written
consent to a shorter period.
(10) (11) The petitioner shall describe any other petitions that the
petitioner has filed under this chapter.
(11) (12) For a petition filed under section 5 of this chapter, the
petitioner shall attach a copy of the prosecuting attorney's written
consent.
(c) The petitioner may include any other information that the
petitioner believes may assist the court.
(d) A person who files a petition under this section is required to
pay the filing fee required in civil cases. The court may reduce or waive
this fee if the person is indigent.
(e) The petitioner shall serve a copy of the petition upon the
prosecuting attorney in accordance with the Indiana Rules of Trial
Procedure.
(f) The prosecuting attorney shall inform the victim of the victim's
rights under IC 35-40-6 by contacting the victim at the victim's last
known address. However, if a court has no discretion in granting an
SB 281—LS 6886/DI 106 26
expungement petition under this chapter, the prosecuting attorney is
not required to inform the victim of the victim's rights under this
subsection.
(g) The prosecuting attorney shall reply to the petition not later than
thirty (30) days after receipt. If the prosecuting attorney fails to timely
reply to the petition:
(1) the prosecuting attorney has waived any objection to the
petition; and
(2) the court shall proceed to consider the petition under section
9 of this chapter.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 281 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 7, Nays 1.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 281 be amended to read as
follows:
Page 4, delete lines 38 through 42, begin a new paragraph and
insert:
"SECTION 11. IC 33-24-6-3, AS AMENDED BY P.L.104-2024,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The office of judicial administration shall
do the following:
(1) Examine the administrative and business methods and systems
employed in the offices of the clerks of court and other offices
related to and serving the courts and make recommendations for
necessary improvement.
(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
chief administrative officer and in compliance with procedures
prescribed by the chief administrative officer, furnish the chief
SB 281—LS 6886/DI 106 27
administrative officer the information as is requested concerning
the nature and volume of judicial business. The information must
include the following:
(A) The volume, condition, and type of business conducted by
the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for
the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the court technology fund established by section
12 of this chapter.
(7) By December 31, 2013, develop and implement a standard
protocol for sending and receiving court data:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the office of judicial administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the office
of judicial administration.
The standard protocol developed and implemented under this
subdivision shall permit private sector vendors, including vendors
providing service to a local system and vendors accessing the
system for information, to send and receive court information on
an equitable basis and at an equitable cost, and for a case
management system developed and operated by the office of
judicial administration, must include a searchable field for the
name and bail agent license number, if applicable, of the bail
SB 281—LS 6886/DI 106 28
agent or a person authorized by the surety that pays bail for an
individual as described in IC 35-33-8-3.2.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm for the purpose of:
(A) transmitting this information to the Federal Bureau of
Investigation for inclusion in the NICS; and
(B) beginning July 1, 2021, compiling and publishing certain
statistics related to the confiscation and retention of firearms
as described under section 14 of this chapter.
(9) Establish and administer an electronic system for receiving
drug related felony conviction information from courts. The office
of judicial administration shall notify NPLEx of each drug related
felony entered after June 30, 2012, and do the following:
(A) Provide NPLEx with the following information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony.
Upon receipt of the information from the office of judicial
administration, a stop sale alert must be generated through
NPLEx for each individual reported under this clause.
(B) Notify NPLEx if the felony of an individual reported under
clause (A) has been:
(i) set aside;
(ii) reversed;
(iii) expunged; or
(iv) vacated.
Upon receipt of information under this clause, NPLEx shall
remove the stop sale alert issued under clause (A) for the
individual.
(10) After July 1, 2018, establish and administer an electronic
system for receiving from courts felony or misdemeanor
conviction information for each felony or misdemeanor described
in IC 20-28-5-8(c). The office of judicial administration shall
notify the department of education at least one (1) time each week
of each felony or misdemeanor described in IC 20-28-5-8(c)
entered after July 1, 2018, and do the following:
(A) Provide the department of education with the following
information:
SB 281—LS 6886/DI 106 29
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony or
misdemeanor.
(B) Notify the department of education if the felony or
misdemeanor of an individual reported under clause (A) has
been:
(i) set aside;
(ii) reversed; or
(iii) vacated.
(11) Perform legal and administrative duties for the justices as
determined by the justices.
(12) Provide staff support for the judicial conference of Indiana
established in IC 33-38-9.
(13) Work with the United States Department of Veterans Affairs
to identify and address the needs of veterans in the court system.
(14) If necessary for purposes of IC 35-47-16-1, issue a retired
judicial officer an identification card identifying the retired
judicial officer as a retired judicial officer.
(15) Establish and administer the statewide juvenile justice data
aggregation plan established under section 12.5 of this chapter.
(16) Create and make available an application for detention to be
used in proceedings under IC 12-26-5 (mental health detention,
commitment, and treatment).
(17) Create and make available a uniform form to assist a court in
making an indigency determination under IC 35-33-7-6.5.
(18) Before July 1, 2025, establish and administer an
electronic system for:
(A) receiving a request for a chronological case summary
from; and
(B) transmitting a chronological case summary to;
the state police department for purposes of expungement.
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The office of judicial administration may adopt rules to
implement this section.".
Delete pages 5 through 7.
Page 8, delete lines 1 through 25.
SB 281—LS 6886/DI 106 30
Page 15, delete lines 18 through 42.
Delete page 16.
Renumber all SECTIONS consecutively.
(Reference is to SB 281 as printed February 14, 2025.)
YOUNG M
SB 281—LS 6886/DI 106