Indiana Senate Bill SB0281 Engrossed / Bill

                    *ES0281.2*
Reprinted
March 25, 2025
ENGROSSED
SENATE BILL No. 281
_____
DIGEST OF SB 281 (Updated March 24, 2025 2:44 pm - DI 140)
Citations Affected:  IC 31-9; IC 31-39; IC 33-24; IC 35-38.
Synopsis: Expungement. Specifies that certain records relating to
juvenile offenses 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 in a timely manner. 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; 
(Continued next page)
Effective:  July 1, 2025.
Baldwin, Freeman, 
Randolph Lonnie M
(HOUSE SPONSORS — STEUERWALD, ZIMMERMAN, GORE)
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.
February 19, 2025, engrossed.
February 20, 2025, read third time, passed. Yeas 47, nays 2.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
March 20, 2025, amended, reported — Do Pass.
March 24, 2025, read second time, amended, ordered engrossed.
ES 281—LS 6886/DI 106 Digest Continued
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. Prohibits the expungement
of certain records of a person holding a commercial driver's license or
permit. Makes certain expungement provisions that apply to elected
officials also apply to elected or appointed judicial officers.
ES 281—LS 6886/DI 106ES 281—LS 6886/DI 106 Reprinted
March 25, 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.
ENGROSSED
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
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1 relating to a finding that a child committed an offense that would
2 be a serious violent felony (as defined by IC 35-31.5-2-294) are
3 available without a court order to a law enforcement officer acting
4 within the scope of the officer's duties:
5 (1) The child's name and age.
6 (2) The nature of the delinquent act.
7 (3) The chronological case summary.
8 (4) Index entries, summonses, warrants, petitions, orders,
9 motions (excluding psychological or child abuse evaluations),
10 decrees, and photographs.
11 The juvenile court shall cooperate with a law enforcement agency
12 to ensure that these records are accessible from the mobile
13 terminal of a law enforcement officer, and are otherwise available
14 to a law enforcement officer acting within the scope of the officer's
15 duties in a timely manner.
16 SECTION 4. IC 31-39-4-2 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The records of a
18 law enforcement agency are available, without specific permission
19 from the head of the agency, to a law enforcement officer acting within
20 the scope of the officer's lawful duties.
21 (b) The law enforcement agency shall ensure that the records
22 are accessible from the mobile terminal of a law enforcement
23 officer, and are otherwise available to a law enforcement officer
24 acting within the scope of the officer's duties in a timely manner.
25 SECTION 5. IC 31-39-8-2, AS AMENDED BY P.L.86-2017,
26 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 2. (a) Any person may petition a juvenile court at
28 any time to remove from:
29 (1) the court's files;
30 (2) the files of law enforcement agencies; and
31 (3) the files of any other person who has provided services to a
32 child under a court order;
33 those records pertaining to the person's involvement in juvenile court
34 proceedings that did not result in a finding that a child committed
35 an offense that would be a serious violent felony (as defined by
36 IC 35-31.5-2-294).
37 (b) Any person may petition a juvenile court at any time to seal
38 records relating to a delinquency proceeding that are maintained
39 in:
40 (1) the court's files; and
41 (2) the files of law enforcement agencies.
42 Sealed records under this subsection that relate to a finding that a
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1 child committed an offense that would be a serious violent felony
2 (as defined by IC 35-31.5-2-294) shall be made available to a law
3 enforcement officer acting within the scope of the officer's duties,
4 but may not be made available to the public without a court order.
5 (b) Under this section (c) Electronic records not relating to a
6 finding that a child committed an offense that would be a serious
7 violent felony (as defined by IC 35-31.5-2-294) shall be removed to
8 a secure data base to which the public or another person not having
9 legal or statutory authority to access the records is not granted access
10 to the data base.
11 SECTION 6. IC 31-39-8-5 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This subsection
13 applies to an expungement petition that does not relate to a finding
14 that a child committed an offense that would be a serious violent
15 felony (as defined by IC 35-31.5-2-294). If the court grants the
16 expungement petition, the court shall order each law enforcement
17 agency and each person who provided treatment for the child under an
18 order of the court to send that person's records to the court.
19 (b) This subsection applies to an expungement petition that
20 relates to a finding that a child committed an offense that would be
21 a serious violent felony (as defined by IC 35-31.5-2-294). If the
22 court grants the expungement petition, the court shall order each
23 person who provided treatment for the child under an order of the
24 court to send that person's records to the court.
25 SECTION 7. IC 31-39-8-6, AS AMENDED BY P.L.157-2021,
26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 6. (a) This section does not apply to records
28 relating to a finding that a child committed an offense that would
29 be a serious violent felony (as defined by IC 35-31.5-2-294). Subject
30 to subsections (b) and (c), the records shall be destroyed upon a grant
31 of an expungement petition by the court including an expungement
32 order issued under section 3.5 of this chapter.
33 (b) Data from the records in subsection (a) shall be maintained by
34 the court on a secure data base that does not enable identification of the
35 offender to the public or another person not having legal or statutory
36 authority to access the records.
37 (c) The records maintained in the data base under subsection (b)
38 may be used only for statistical analysis, research, and financial
39 auditing purposes.
40 SECTION 8. IC 31-39-8-6.5 IS ADDED TO THE INDIANA CODE
41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42 1, 2025]: Sec. 6.5. (a) This section applies to records relating to a
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1 finding that a child committed an offense that would be a serious
2 violent felony (as defined by IC 35-31.5-2-294). Records shall be
3 sealed upon a grant of an expungement petition by the court.
4 Sealed records under this section shall be made available to a law
5 enforcement officer acting within the scope of the officer's duties,
6 but, except as provided in subsections (b) and (c), may not be made
7 available to the public without a court order.
8 (b) The court may maintain data from the records in subsection
9 (a) on a secure data base, separate from the data base to which a
10 law enforcement officer and persons with a court order have
11 access, that does not enable identification of the offender to the
12 public or another person not having legal or statutory authority to
13 access the records.
14 (c) The records maintained in the data base under subsection (b)
15 may be used only for statistical analysis, research, and financial
16 auditing purposes.
17 SECTION 9. IC 31-39-8-8 IS ADDED TO THE INDIANA CODE
18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2025]: Sec. 8. A person having custody of sealed records relating
20 to a finding that a child committed an offense that would be a
21 serious violent felony (as defined by IC 35-31.5-2-294) shall
22 cooperate with a law enforcement agency to ensure that these
23 records are accessible from the mobile terminal of a law
24 enforcement officer, and are otherwise available to a law
25 enforcement officer acting within the scope of the officer's duties
26 in a timely manner.
27 SECTION 10. IC 33-24-6-3, AS AMENDED BY P.L.104-2024,
28 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 3. (a) The office of judicial administration shall
30 do the following:
31 (1) Examine the administrative and business methods and systems
32 employed in the offices of the clerks of court and other offices
33 related to and serving the courts and make recommendations for
34 necessary improvement.
35 (2) Collect and compile statistical data and other information on
36 the judicial work of the courts in Indiana. All justices of the
37 supreme court, judges of the court of appeals, judges of all trial
38 courts, and any city or town courts, whether having general or
39 special jurisdiction, court clerks, court reporters, and other
40 officers and employees of the courts shall, upon notice by the
41 chief administrative officer and in compliance with procedures
42 prescribed by the chief administrative officer, furnish the chief
ES 281—LS 6886/DI 106 5
1 administrative officer the information as is requested concerning
2 the nature and volume of judicial business. The information must
3 include the following:
4 (A) The volume, condition, and type of business conducted by
5 the courts.
6 (B) The methods of procedure in the courts.
7 (C) The work accomplished by the courts.
8 (D) The receipt and expenditure of public money by and for
9 the operation of the courts.
10 (E) The methods of disposition or termination of cases.
11 (3) Prepare and publish reports, not less than one (1) or more than
12 two (2) times per year, on the nature and volume of judicial work
13 performed by the courts as determined by the information
14 required in subdivision (2).
15 (4) Serve the judicial nominating commission and the judicial
16 qualifications commission in the performance by the commissions
17 of their statutory and constitutional functions.
18 (5) Administer the civil legal aid fund as required by IC 33-24-12.
19 (6) Administer the court technology fund established by section
20 12 of this chapter.
21 (7) By December 31, 2013, develop and implement a standard
22 protocol for sending and receiving court data:
23 (A) between the protective order registry, established by
24 IC 5-2-9-5.5, and county court case management systems;
25 (B) at the option of the prosecuting attorney, for:
26 (i) a prosecuting attorney's case management system;
27 (ii) a county court case management system; and
28 (iii) a county court case management system developed and
29 operated by the office of judicial administration;
30 to interface with the electronic traffic tickets, as defined by
31 IC 9-30-3-2.5; and
32 (C) between county court case management systems and the
33 case management system developed and operated by the office
34 of judicial administration.
35 The standard protocol developed and implemented under this
36 subdivision shall permit private sector vendors, including vendors
37 providing service to a local system and vendors accessing the
38 system for information, to send and receive court information on
39 an equitable basis and at an equitable cost, and for a case
40 management system developed and operated by the office of
41 judicial administration, must include a searchable field for the
42 name and bail agent license number, if applicable, of the bail
ES 281—LS 6886/DI 106 6
1 agent or a person authorized by the surety that pays bail for an
2 individual as described in IC 35-33-8-3.2.
3 (8) Establish and administer an electronic system for receiving
4 information that relates to certain individuals who may be
5 prohibited from possessing a firearm for the purpose of:
6 (A) transmitting this information to the Federal Bureau of
7 Investigation for inclusion in the NICS; and
8 (B) beginning July 1, 2021, compiling and publishing certain
9 statistics related to the confiscation and retention of firearms
10 as described under section 14 of this chapter.
11 (9) Establish and administer an electronic system for receiving
12 drug related felony conviction information from courts. The office
13 of judicial administration shall notify NPLEx of each drug related
14 felony entered after June 30, 2012, and do the following:
15 (A) Provide NPLEx with the following information:
16 (i) The convicted individual's full name.
17 (ii) The convicted individual's date of birth.
18 (iii) The convicted individual's driver's license number, state
19 personal identification number, or other unique number, if
20 available.
21 (iv) The date the individual was convicted of the felony.
22 Upon receipt of the information from the office of judicial
23 administration, a stop sale alert must be generated through
24 NPLEx for each individual reported under this clause.
25 (B) Notify NPLEx if the felony of an individual reported under
26 clause (A) has been:
27 (i) set aside;
28 (ii) reversed;
29 (iii) expunged; or
30 (iv) vacated.
31 Upon receipt of information under this clause, NPLEx shall
32 remove the stop sale alert issued under clause (A) for the
33 individual.
34 (10) After July 1, 2018, establish and administer an electronic
35 system for receiving from courts felony or misdemeanor
36 conviction information for each felony or misdemeanor described
37 in IC 20-28-5-8(c). The office of judicial administration shall
38 notify the department of education at least one (1) time each week
39 of each felony or misdemeanor described in IC 20-28-5-8(c)
40 entered after July 1, 2018, and do the following:
41 (A) Provide the department of education with the following
42 information:
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1 (i) The convicted individual's full name.
2 (ii) The convicted individual's date of birth.
3 (iii) The convicted individual's driver's license number, state
4 personal identification number, or other unique number, if
5 available.
6 (iv) The date the individual was convicted of the felony or
7 misdemeanor.
8 (B) Notify the department of education if the felony or
9 misdemeanor of an individual reported under clause (A) has
10 been:
11 (i) set aside;
12 (ii) reversed; or
13 (iii) vacated.
14 (11) Perform legal and administrative duties for the justices as
15 determined by the justices.
16 (12) Provide staff support for the judicial conference of Indiana
17 established in IC 33-38-9.
18 (13) Work with the United States Department of Veterans Affairs
19 to identify and address the needs of veterans in the court system.
20 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
21 judicial officer an identification card identifying the retired
22 judicial officer as a retired judicial officer.
23 (15) Establish and administer the statewide juvenile justice data
24 aggregation plan established under section 12.5 of this chapter.
25 (16) Create and make available an application for detention to be
26 used in proceedings under IC 12-26-5 (mental health detention,
27 commitment, and treatment).
28 (17) Create and make available a uniform form to assist a court in
29 making an indigency determination under IC 35-33-7-6.5.
30 (18) Before July 1, 2025, establish and administer an
31 electronic system for:
32 (A) receiving a request for a chronological case summary
33 from; and
34 (B) transmitting a chronological case summary to;
35 the state police department for purposes of expungement or
36 sealing of records.
37 (b) All forms to be used in gathering data must be approved by the
38 supreme court and shall be distributed to all judges and clerks before
39 the start of each period for which reports are required.
40 (c) The office of judicial administration may adopt rules to
41 implement this section.
42 SECTION 11. IC 35-38-9-0.6, AS ADDED BY P.L.219-2019,
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1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 0.6. (a) This chapter does not require any change
3 or alteration in the following:
4 (1) An internal record made by a:
5 (A) law enforcement agency; or
6 (B) public defender agency;
7 that is not intended for release to the public.
8 (2) A nonpublic record that relates to a diversion or deferral
9 program.
10 (3) A disciplinary record or proceeding as it relates to a licensing,
11 certification, or public entity.
12 (b) Except as provided in subsection (c), the changes in this chapter
13 made in SEA 235-2019 as enacted in the 2019 session of the general
14 assembly apply only to an expungement order granted after June 30,
15 2019.
16 (c) A person whose petition for expungement was granted before
17 July 1, 2019, may file a petition for a supplemental order of
18 expungement under section 9 of this chapter to obtain the benefit of
19 changes in SEA 235-2019 as enacted in the 2019 session of the general
20 assembly, if applicable.
21 (d) A court may not order the bureau of motor vehicles to seal,
22 restrict access to, or otherwise expunge a conviction (as defined in
23 49 CFR 383.5) under this chapter for a person:
24 (1) who held a commercial drivers license or commercial
25 learners permit under IC 9-24-6.1 at the time of the offense;
26 and
27 (2) whose conviction is for a violation described in 49 CFR
28 384.226.
29 SECTION 12. IC 35-38-9-3, AS AMENDED BY P.L.52-2021,
30 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b) and
32 section 8.5 of this chapter, this section applies only to a person
33 convicted of a Class D felony (for a crime committed before July 1,
34 2014) or a Level 6 felony (for a crime committed after June 30, 2014).
35 This section does not apply to a person if the person's Class D felony
36 or Level 6 felony was reduced to a Class A misdemeanor.
37 (b) This section does not apply to the following:
38 (1) An elected official, or an elected or appointed judicial
39 officer, convicted of an offense while serving the official's
40 person's term or as a candidate for public office.
41 (2) A sex or violent offender (as defined in IC 11-8-8-5).
42 (3) A person convicted of a felony that resulted in bodily injury to
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1 another person.
2 (4) A person convicted of perjury (IC 35-44.1-2-1) or official
3 misconduct (IC 35-44.1-1-1).
4 (5) A person convicted of an offense described in:
5 (A) IC 35-42-1;
6 (B) IC 35-42-3.5; or
7 (C) IC 35-42-4.
8 (6) A person convicted of two (2) or more felony offenses that:
9 (A) involved the unlawful use of a deadly weapon; and
10 (B) were not committed as part of the same episode of criminal
11 conduct.
12 (c) Not earlier than eight (8) years after the date of conviction
13 (unless the prosecuting attorney consents in writing to an earlier
14 period), the person convicted of the Class D felony or Level 6 felony
15 may petition a court to expunge all conviction records, including
16 records contained in:
17 (1) a court's files;
18 (2) the files of the department of correction;
19 (3) the files of the bureau of motor vehicles; and
20 (4) the files of any other person who provided treatment or
21 services to the petitioning person under a court order;
22 that relate to the person's Class D or Level 6 felony conviction,
23 including records of a collateral action.
24 (d) A person who files a petition to expunge conviction records,
25 including any records relating to the conviction and any records
26 concerning a collateral action, shall file the petition in a circuit or
27 superior court in the county of conviction.
28 (e) If the court finds by a preponderance of the evidence that:
29 (1) the period required by this section has elapsed;
30 (2) no charges are pending against the person;
31 (3) the person has paid all fines, fees, and court costs, and
32 satisfied any restitution obligation placed on the person as part of
33 the sentence; and
34 (4) the person has not been convicted of a felony or misdemeanor
35 within the previous eight (8) years (or within a shorter period
36 agreed to by the prosecuting attorney if the prosecuting attorney
37 has consented to a shorter period under subsection (c));
38 the court shall order the conviction records described in subsection (c),
39 including any records relating to the conviction and any records
40 concerning a collateral action, expunged in accordance with section 6
41 of this chapter.
42 SECTION 13. IC 35-38-9-4, AS AMENDED BY P.L.52-2021,
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1 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b) and
3 section 8.5 of this chapter, this section applies only to a person
4 convicted of a felony who may not seek expungement of that felony
5 under section 3 of this chapter.
6 (b) This section does not apply to the following:
7 (1) An elected official, or an elected or appointed judicial
8 officer, convicted of an offense while serving the official's
9 person's term or as a candidate for public office.
10 (2) A sex or violent offender (as defined in IC 11-8-8-5).
11 (3) A person convicted of a felony that resulted in serious bodily
12 injury to another person.
13 (4) A person convicted of a felony that resulted in death to
14 another person.
15 (5) A person convicted of official misconduct (IC 35-44.1-1-1).
16 (6) A person convicted of an offense described in:
17 (A) IC 35-42-1, including attempted murder under
18 IC 35-42-1-1;
19 (B) IC 35-42-3.5, including an attempt to commit the
20 offense; or
21 (C) IC 35-42-4, including an attempt to commit the offense.
22 (7) A person convicted of two (2) or more felony offenses that:
23 (A) involved the unlawful use of a deadly weapon; and
24 (B) were not committed as part of the same episode of criminal
25 conduct.
26 (8) A person convicted of unlawful possession of a firearm by
27 a serious violent felon (IC 35-47-4-5).
28 (c) Not earlier than the later of eight (8) years from the date of
29 conviction, or three (3) years from the completion of the person's
30 sentence, unless the prosecuting attorney consents in writing to an
31 earlier period, the person convicted of the felony may petition a court
32 to expunge all conviction records, including records contained in:
33 (1) a court's files;
34 (2) the files of the department of correction;
35 (3) the files of the bureau of motor vehicles; and
36 (4) the files of any other person who provided treatment or
37 services to the petitioning person under a court order;
38 that relate to the person's felony conviction, including records of a
39 collateral action.
40 (d) A person who files a petition to expunge conviction records,
41 including any records relating to the conviction and any records
42 concerning a collateral action, shall file the petition in a circuit or
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1 superior court in the county of conviction.
2 (e) If the court finds by a preponderance of the evidence that:
3 (1) the period required by this section has elapsed;
4 (2) no charges are pending against the person;
5 (3) the person has paid all fines, fees, and court costs, and
6 satisfied any restitution obligation placed on the person as part of
7 the sentence; and
8 (4) the person has not been convicted of a felony or misdemeanor
9 within the previous eight (8) years (or within a shorter period
10 agreed to by the prosecuting attorney if the prosecuting attorney
11 has consented to a shorter period under subsection (c));
12 the court may order the conviction records described in subsection (c),
13 including any records relating to the conviction and any records
14 concerning a collateral action, marked as expunged in accordance with
15 section 7 of this chapter. A person whose records have been ordered
16 marked as expunged under this section is considered to have had the
17 person's records expunged for all purposes other than the disposition
18 of the records.
19 SECTION 14. IC 35-38-9-5, AS AMENDED BY P.L.52-2021,
20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b) and
22 section 8.5 of this chapter, this section applies to a person convicted of
23 a felony, including:
24 (1) an elected official, or an elected or appointed judicial
25 officer, convicted of an offense, other than official misconduct,
26 while serving the official's person's term or as a candidate for
27 public office; and
28 (2) a person convicted of a felony that resulted in serious bodily
29 injury to another person; and
30 (3) a person convicted of official misconduct, if the person is
31 not an elected official or an elected or appointed judicial
32 officer described in subsection (b)(2).
33 (b) This section does not apply to the following:
34 (1) A sex or violent offender (as defined in IC 11-8-8-5).
35 (2) A person An elected official, or an elected or appointed
36 judicial officer, convicted of official misconduct
37 (IC 35-44.1-1-1) while serving the person's term or as a
38 candidate for public office.
39 (3) A person convicted of an offense described in:
40 (A) IC 35-42-1, including attempted murder under
41 IC 35-42-1-1;
42 (B) IC 35-42-3.5, including an attempt to commit the
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1 offense; or
2 (C) IC 35-42-4, including an attempt to commit the offense.
3 (4) A person convicted of two (2) or more felony offenses that:
4 (A) involved the unlawful use of a deadly weapon; and
5 (B) were not committed as part of the same episode of criminal
6 conduct.
7 (5) A person convicted of a felony that resulted in death to
8 another person.
9 (6) A person convicted of unlawful possession of a firearm by
10 a serious violent felon (IC 35-47-4-5).
11 (c) Not earlier than the later of ten (10) years from the date of
12 conviction, or five (5) years from the completion of the person's
13 sentence, unless the prosecuting attorney consents in writing to an
14 earlier period, the person convicted of the felony may petition a court
15 to expunge all conviction records, including records contained in:
16 (1) a court's files;
17 (2) the files of the department of correction;
18 (3) the files of the bureau of motor vehicles; and
19 (4) the files of any other person who provided treatment or
20 services to the petitioning person under a court order;
21 that relate to the person's felony conviction, including records of a
22 collateral action.
23 (d) A person who files a petition to expunge conviction records,
24 including any records relating to the conviction and any records
25 concerning a collateral action, shall file the petition in a circuit or
26 superior court in the county of conviction.
27 (e) If the court finds by a preponderance of the evidence that:
28 (1) the period required by this section has elapsed;
29 (2) no charges are pending against the person;
30 (3) the person has paid all fines, fees, and court costs, and
31 satisfied any restitution obligation placed on the person as part of
32 the sentence;
33 (4) the person has not been convicted of a felony or misdemeanor
34 within the previous ten (10) years (or within a shorter period
35 agreed to by the prosecuting attorney if the prosecuting attorney
36 has consented to a shorter period under subsection (c)); and
37 (5) the prosecuting attorney has consented in writing to the
38 expungement of the person's criminal records;
39 the court may order the conviction records described in subsection (c),
40 including any records relating to the conviction and any records
41 concerning a collateral action, marked as expunged in accordance with
42 section 7 of this chapter. A person whose records have been ordered
ES 281—LS 6886/DI 106 13
1 marked as expunged under this section is considered to have had the
2 person's records expunged for all purposes other than the disposition
3 of the records.
4 SECTION 15. IC 35-38-9-6, AS AMENDED BY P.L.185-2023,
5 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 6. (a) If the court orders conviction records,
7 including any records relating to the conviction and any records
8 concerning a collateral action, expunged under sections 2 through 3 of
9 this chapter, the court shall do the following with respect to the specific
10 records expunged by the court:
11 (1) Order:
12 (A) the department of correction;
13 (B) the bureau of motor vehicles; and
14 (C) each:
15 (i) law enforcement agency; and
16 (ii) other person;
17 who incarcerated, prosecuted, provided treatment for, or
18 provided other services for the person under an order of the
19 court;
20 to prohibit the release of the person's records or information in the
21 person's records to anyone without a court order, other than a law
22 enforcement officer acting in the course of the officer's official
23 duty.
24 (2) Order the central repository for criminal history information
25 maintained by the state police department to seal the person's
26 expunged conviction records, including information related to:
27 (A) an arrest or offense:
28 (i) in which no conviction was entered; and
29 (ii) that was committed as part of the same episode of
30 criminal conduct as the case ordered expunged; and
31 (B) any other references to any matters related to the case
32 ordered expunged, including in a collateral action.
33 This subdivision does not require the state police department to
34 seal any record the state police department does not have legal
35 authority to seal.
36 (3) Records sealed under subdivision (2) may be disclosed only
37 to:
38 (A) a prosecuting attorney, if:
39 (i) authorized by a court order; and
40 (ii) needed to carry out the official duties of the prosecuting
41 attorney;
42 (B) a defense attorney, if:
ES 281—LS 6886/DI 106 14
1 (i) authorized by a court order; and
2 (ii) needed to carry out the professional duties of the defense
3 attorney;
4 (C) a probation department, if:
5 (i) authorized by a court order; and
6 (ii) necessary to prepare a presentence report;
7 (D) the Federal Bureau of Investigation and the Department of
8 Homeland Security, if disclosure is required to comply with an
9 agreement relating to the sharing of criminal history
10 information;
11 (E) the:
12 (i) supreme court;
13 (ii) members of the state board of law examiners;
14 (iii) executive director of the state board of law examiners;
15 and
16 (iv) employees of the state board of law examiners, in
17 accordance with rules adopted by the state board of law
18 examiners;
19 for the purpose of determining whether an applicant possesses
20 the necessary good moral character for admission to the bar;
21 (F) a person required to access expunged records to comply
22 with the Secure and Fair Enforcement for Mortgage Licensing
23 Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
24 Secure and Fair Enforcement for Mortgage Licensing Act;
25 (G) the bureau of motor vehicles, the Federal Motor Carrier
26 Administration, and the Commercial Drivers License
27 Information System (CDLIS), if disclosure is required to
28 comply with federal law relating to reporting a conviction for
29 a violation of a traffic control law; and
30 (H) a school (as defined in IC 22-4-2-37), for the purpose of
31 determining whether to:
32 (i) employ a person seeking employment, including
33 volunteer employment, with the school;
34 (ii) continue a person's employment, including volunteer
35 employment at the school; or
36 (iii) grant access or admission to the school to an applicant
37 contractor or a contractor;
38 if the person, contractor, or applicant contractor is likely to
39 have contact with a student enrolled in the school, regardless
40 of the age of the student; and
41 (I) the state police department, if disclosure is required for
42 the purpose of expunging or marking as expunged records
ES 281—LS 6886/DI 106 15
1 in the central repository for criminal history information.
2 (4) Notify the clerk of the supreme court to seal any records in the
3 clerk's possession that relate to the conviction, including any
4 records concerning a collateral action.
5 A probation department may provide an unredacted version of a
6 presentence report disclosed under subdivision (3)(C) to any person
7 authorized by law to receive a presentence report.
8 (b) Except as provided in subsection (c), if a petition to expunge
9 conviction records, including any records relating to the conviction and
10 any records concerning a collateral action, is granted under sections 2
11 through 3 of this chapter, the records of:
12 (1) the sentencing court;
13 (2) a court that conducted a collateral action;
14 (3) a juvenile court;
15 (4) a court of appeals; and
16 (5) the supreme court;
17 concerning the person shall be permanently sealed. However, a petition
18 for expungement granted under sections 2 through 3 of this chapter
19 does not affect an existing or pending driver's license suspension.
20 (c) If a petition to expunge conviction records, including any records
21 relating to the conviction and any records concerning a collateral
22 action, is granted under sections 2 through 3 of this chapter with
23 respect to the records of a person who is named as an appellant or an
24 appellee in an opinion or memorandum decision by the supreme court
25 or the court of appeals, or who is identified in a collateral action, the
26 court shall:
27 (1) redact the opinion or memorandum decision as it appears on
28 the computer gateway administered by the office of technology so
29 that it does not include the petitioner's name (in the same manner
30 that opinions involving juveniles are redacted); and
31 (2) provide a redacted copy of the opinion to any publisher or
32 organization to whom the opinion or memorandum decision is
33 provided after the date of the order of expungement.
34 The supreme court and court of appeals are not required to destroy or
35 otherwise dispose of any existing copy of an opinion or memorandum
36 decision that includes the petitioner's name.
37 (d) Notwithstanding subsection (b), a prosecuting attorney may
38 submit a written application to a court that granted an expungement
39 petition under this chapter to gain access to any records that were
40 permanently sealed under subsection (b), if the records are relevant in
41 a new prosecution of the person. If a prosecuting attorney who submits
42 a written application under this subsection shows that the records are
ES 281—LS 6886/DI 106 16
1 relevant for a new prosecution of the person, the court that granted the
2 expungement petition shall:
3 (1) order the records to be unsealed; and
4 (2) allow the prosecuting attorney who submitted the written
5 application to have access to the records.
6 If a court orders records to be unsealed under this subsection, the court
7 shall order the records to be permanently resealed at the earliest
8 possible time after the reasons for unsealing the records cease to exist.
9 However, if the records are admitted as evidence against the person in
10 a new prosecution that results in the person's conviction, or are used to
11 enhance a sentence imposed on the person in a new prosecution, the
12 court is not required to reseal the records.
13 (e) If a person whose conviction records, including any records
14 relating to the conviction and any records concerning a collateral
15 action, are expunged under sections 2 through 5 of this chapter is
16 required to register as a sex offender based on the commission of a
17 felony which has been expunged:
18 (1) the expungement does not affect the operation of the sex
19 offender registry web site, website, any person's ability to access
20 the person's records, records required to be maintained concerning
21 sex or violent offenders, or any registration requirement imposed
22 on the person; and
23 (2) the expunged conviction records must be clearly marked as
24 expunged on the sex offender registry web site. website.
25 (f) Expungement of a crime of domestic violence under section 2 of
26 this chapter does not restore a person's right to possess a firearm. The
27 right of a person convicted of a crime of domestic violence to possess
28 a firearm may be restored only in accordance with IC 35-47-4-7.
29 (g) If a court issues an order granting a petition for expungement
30 under sections 2 through 3 of this chapter, the court shall also order any
31 related records described in section 1(h) of this chapter sealed or
32 redacted in the manner described in section 1 of this chapter, unless the
33 records described in section 1(h) of this chapter have been ordered
34 sealed and redacted under this section.
35 (h) If the court issues an order granting a petition for expungement
36 under sections 2 through 3 of this chapter, the court shall include in its
37 order the information described in section 8(b) of this chapter.
38 (i) If the court issues an order granting a petition for expungement
39 under sections 2 through 5 of this chapter, the court shall include in its
40 order the information described in section 10(c) of this chapter.
41 SECTION 16. IC 35-38-9-9, AS AMENDED BY P.L.219-2019,
42 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
ES 281—LS 6886/DI 106 17
1 JULY 1, 2025]: Sec. 9. (a) If the prosecuting attorney does not object,
2 or has waived objection to the petition under section 8 of this chapter,
3 the court may grant the petition for expungement without a hearing.
4 (b) The court may summarily deny a petition, if the petition does not
5 meet the requirements of section 8 of this chapter, or if the statements
6 contained in the petition demonstrate that the petitioner is not entitled
7 to relief.
8 (c) If the prosecuting attorney objects to the petition, the prosecuting
9 attorney shall file the reasons for objecting to the petition with the court
10 and serve a copy of the objections on the petitioner at the time the
11 prosecuting attorney objects to the petition. The court shall set the
12 matter for hearing not sooner than sixty (60) days after service of the
13 petition on the prosecuting attorney.
14 (d) A victim of the offense for which expungement is sought may
15 submit an oral or written statement in support of or in opposition to the
16 petition at the time of the hearing. The petitioner must prove by a
17 preponderance of the evidence that the facts alleged in the verified
18 petition are true.
19 (e) The grant or denial of a petition is an appealable final order.
20 (f) If the court grants the petition for expungement, the court shall
21 issue an order of expungement as described in sections 6 and 7 of this
22 chapter.
23 (g) The order granting the petition for expungement described in
24 sections 6 and 7 of this chapter must include the information described
25 in section 8(b) of this chapter.
26 (h) This subsection applies only to a petition to expunge conviction
27 records filed under sections 2 through 5 of this chapter. This subsection
28 does not apply to a petition to expunge records related to the arrest,
29 criminal charge, or juvenile delinquency allegation under section 1 of
30 this chapter. A petitioner may seek to expunge more than one (1)
31 conviction at the same time. The petitioner shall consolidate all
32 convictions that the petitioner wishes to expunge from the same county
33 in one (1) petition. A petitioner who wishes to expunge convictions
34 from separate counties must file a petition in each county in which a
35 conviction was entered.
36 (i) This subsection applies only to a petition to expunge conviction
37 records filed under sections 2 through 5 of this chapter. This subsection
38 does not apply to a petition to expunge records related to the arrest,
39 criminal charge, or juvenile delinquency allegation under section 1 of
40 this chapter. Except as provided in subsections (j) and (k), a petitioner
41 may file a petition for expungement only one (1) time during the
42 petitioner's lifetime. For purposes of this subsection, all petitions for
ES 281—LS 6886/DI 106 18
1 expungement filed in separate counties for offenses committed in those
2 counties count as one (1) petition if they are filed in one (1) three
3 hundred sixty-five (365) day period.
4 (j) A petitioner whose petition for expungement has been denied, in
5 whole or in part, may refile that petition for expungement, in whole or
6 in part, with respect to one (1) or more convictions included in the
7 initial expungement petition that were not expunged. However, if the
8 petition was denied due to the court's exercise of its discretion under
9 section 4 or 5 of this chapter, a petition for expungement may be refiled
10 only after the elapse of three (3) years from the date on which the
11 previous expungement petition was denied. Except as provided in
12 subsection (k), a refiled petition for expungement may not include any
13 conviction that was not included in the initial expungement petition.
14 (k) A court may permit a petitioner to file an amended a
15 supplemental petition for expungement at any time with respect to
16 one (1) or more convictions that were not included in the initial
17 expungement petition only if the court finds that:
18 (1) the petitioner intended in good faith to comply with
19 subsections (h) and (i);
20 (2) the petitioner's failure to comply with subsections (h) and (i)
21 was due to:
22 (A) excusable neglect; or
23 (B) circumstances beyond the petitioner's control; and
24 (3) permitting the petitioner to file a subsequent petition for
25 expungement is in the best interests of justice.
26 (l) If:
27 (1) the information required to be expunged, marked as expunged,
28 or otherwise sealed or restricted under this chapter changes as the
29 result of an amendment to this chapter; and
30 (2) a person whose petition for expungement was granted before
31 the effective date of the amendment wishes to obtain the benefits
32 of that amendment;
33 the person may file a petition for a supplemental order of expungement
34 with the court that granted the petition for expungement. A petition for
35 a supplemental order of expungement must include a copy of the
36 expungement order, succinctly set forth the relief the petitioner seeks,
37 and include any other information required by the court. If the court
38 finds that the person was granted an order for expungement before the
39 effective date of the amendment and is otherwise entitled to relief, the
40 court shall issue a supplemental order for expungement consistent with
41 the amendment.
ES 281—LS 6886/DI 106 19
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
ES 281—LS 6886/DI 106 20
[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;
ES 281—LS 6886/DI 106 21
(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.
ES 281—LS 6886/DI 106 22
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
ES 281—LS 6886/DI 106 23
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
ES 281—LS 6886/DI 106 24
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
ES 281—LS 6886/DI 106 25
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
ES 281—LS 6886/DI 106 26
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.
ES 281—LS 6886/DI 106 27
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
ES 281—LS 6886/DI 106 28
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
ES 281—LS 6886/DI 106 29
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
ES 281—LS 6886/DI 106 30
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
ES 281—LS 6886/DI 106 31
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:
ES 281—LS 6886/DI 106 32
(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.
ES 281—LS 6886/DI 106 33
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
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 281, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, line 1, delete "a delinquency proceeding" and insert "a
finding that a child committed an act that would be a serious
violent felony (as defined by IC 35-31.5-2-294) if committed by an
adult".
Page 2, line 9, delete "photographs for specific adjudications." and
insert "photographs.".
Page 2, line 33, delete "are not delinquency proceedings." and insert
"did not result in a finding that a child committed an act that would
be a serious violent felony (as defined by IC 35-31.5-2-294) if
committed by an adult.".
Page 2, line 39, after "subsection" insert "that relate to a finding
that a child committed an act that would be a serious violent felony
(as defined by IC 35-31.5-2-294) if committed by an adult".
Page 3, line 2, delete "delinquency proceeding" and insert "finding
that a child committed an act that would be a serious violent felony
(as defined by IC 35-31.5-2-294) if committed by an adult".
Page 3, delete lines 5 through 27.
Page 3, line 31, delete "delinquency proceeding." and insert
"finding that a child committed an act that would be a serious
violent felony (as defined by IC 35-31.5-2-294) if committed by an
adult.".
Page 3, line 36, delete "delinquency proceeding." and insert
"finding that a child committed an act that would be a serious
violent felony (as defined by IC 35-31.5-2-294) if committed by an
adult.".
Page 4, line 1, delete "delinquency proceeding." and insert "finding
that a child committed an act that would be a serious violent felony
ES 281—LS 6886/DI 106 34
(as defined by IC 35-31.5-2-294) if committed by an adult.".
Page 4, line 3, delete "court." and insert "court".
Page 4, line 3, reset in roman "including an expungement order
issued under".
Page 4, reset in roman line 4.
Page 4, line 15, delete "delinquency proceeding." and insert
"finding that a child committed an act that would be a serious
violent felony (as defined by IC 35-31.5-2-294) if committed by an
adult.".
Page 4, line 15, delete "relating to a delinquency".
Page 4, line 16, delete "proceeding".
Page 4, line 33, delete "delinquency proceeding" and insert "finding
that a child committed an act that would be a serious violent felony
(as defined by IC 35-31.5-2-294) if committed by an adult".
Page 8, delete lines 10 through 42, begin a new paragraph and
insert:
"SECTION 13. IC 35-38-9-0.6, AS ADDED BY P.L.219-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 0.6. (a) This chapter does not require any change
or alteration in the following:
(1) An internal record made by a:
(A) law enforcement agency; or
(B) public defender agency;
that is not intended for release to the public.
(2) A nonpublic record that relates to a diversion or deferral
program.
(3) A disciplinary record or proceeding as it relates to a licensing,
certification, or public entity.
(b) Except as provided in subsection (c), the changes in this chapter
made in SEA 235-2019 as enacted in the 2019 session of the general
assembly apply only to an expungement order granted after June 30,
2019.
(c) A person whose petition for expungement was granted before
July 1, 2019, may file a petition for a supplemental order of
expungement under section 9 of this chapter to obtain the benefit of
changes in SEA 235-2019 as enacted in the 2019 session of the general
assembly, if applicable.
(d) A court may not order the bureau of motor vehicles to seal,
restrict access to, or otherwise expunge a conviction (as defined in
49 CFR 383.5) under this chapter for a person:
(1) who held a commercial drivers license or commercial
learners permit under IC 9-24-6.1 at the time of the offense;
ES 281—LS 6886/DI 106 35
and
(2) whose conviction is for a violation described in 49 CFR
384.226.
SECTION 14. IC 35-38-9-3, AS AMENDED BY P.L.52-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b) and
section 8.5 of this chapter, this section applies only to a person
convicted of a Class D felony (for a crime committed before July 1,
2014) or a Level 6 felony (for a crime committed after June 30, 2014).
This section does not apply to a person if the person's Class D felony
or Level 6 felony was reduced to a Class A misdemeanor.
(b) This section does not apply to the following:
(1) An elected official, or an elected or appointed judicial
officer, convicted of an offense while serving the official's
person's term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in bodily injury to
another person.
(4) A person convicted of perjury (IC 35-44.1-2-1) or official
misconduct (IC 35-44.1-1-1).
(5) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(6) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal
conduct.
(c) Not earlier than eight (8) years after the date of conviction
(unless the prosecuting attorney consents in writing to an earlier
period), the person convicted of the Class D felony or Level 6 felony
may petition a court to expunge all conviction records, including
records contained in:
(1) a court's files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or
services to the petitioning person under a court order;
that relate to the person's Class D or Level 6 felony conviction,
including records of a collateral action.
(d) A person who files a petition to expunge conviction records,
including any records relating to the conviction and any records
ES 281—LS 6886/DI 106 36
concerning a collateral action, shall file the petition in a circuit or
superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and
satisfied any restitution obligation placed on the person as part of
the sentence; and
(4) the person has not been convicted of a felony or misdemeanor
within the previous eight (8) years (or within a shorter period
agreed to by the prosecuting attorney if the prosecuting attorney
has consented to a shorter period under subsection (c));
the court shall order the conviction records described in subsection (c),
including any records relating to the conviction and any records
concerning a collateral action, expunged in accordance with section 6
of this chapter.
SECTION 15. IC 35-38-9-4, AS AMENDED BY P.L.52-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b) and
section 8.5 of this chapter, this section applies only to a person
convicted of a felony who may not seek expungement of that felony
under section 3 of this chapter.
(b) This section does not apply to the following:
(1) An elected official, or an elected or appointed judicial
officer, convicted of an offense while serving the official's
person's term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in serious bodily
injury to another person.
(4) A person convicted of a felony that resulted in death to
another person.
(5) A person convicted of official misconduct (IC 35-44.1-1-1).
(6) A person convicted of an offense described in:
(A) IC 35-42-1, including attempted murder under
IC 35-42-1-1;
(B) IC 35-42-3.5, including an attempt to commit the
offense; or
(C) IC 35-42-4, including an attempt to commit the offense.
(7) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal
conduct.
ES 281—LS 6886/DI 106 37
(8) A person convicted of unlawful possession of a firearm by
a serious violent felon (IC 35-47-4-5).
(c) Not earlier than the later of eight (8) years from the date of
conviction, or three (3) years from the completion of the person's
sentence, unless the prosecuting attorney consents in writing to an
earlier period, the person convicted of the felony may petition a court
to expunge all conviction records, including records contained in:
(1) a court's files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or
services to the petitioning person under a court order;
that relate to the person's felony conviction, including records of a
collateral action.
(d) A person who files a petition to expunge conviction records,
including any records relating to the conviction and any records
concerning a collateral action, shall file the petition in a circuit or
superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and
satisfied any restitution obligation placed on the person as part of
the sentence; and
(4) the person has not been convicted of a felony or misdemeanor
within the previous eight (8) years (or within a shorter period
agreed to by the prosecuting attorney if the prosecuting attorney
has consented to a shorter period under subsection (c));
the court may order the conviction records described in subsection (c),
including any records relating to the conviction and any records
concerning a collateral action, marked as expunged in accordance with
section 7 of this chapter. A person whose records have been ordered
marked as expunged under this section is considered to have had the
person's records expunged for all purposes other than the disposition
of the records.".
Page 9, delete lines 1 through 25.
Page 9, line 31, delete "official" and insert "official, or an elected
or appointed judicial officer,".
Page 9, line 32, strike "official's" and insert "person's".
Page 9, line 35, delete "person, if the felony is not a crime of
violence" and insert "person; and".
Page 9, delete line 36.
ES 281—LS 6886/DI 106 38
Page 9, line 38, after "official" insert "or an elected or appointed
judicial officer".
Page 9, line 41, delete "official" and insert "official, or an elected
or appointed judicial officer,".
Page 9, line 42, delete "official's" and insert "person's".
Page 10, delete lines 3 through 5, begin a new line double block
indented, and insert:
"(A) IC 35-42-1, including attempted murder under
IC 35-42-1-1;
(B) IC 35-42-3.5, including an attempt to commit the
offense; or
(C) IC 35-42-4, including an attempt to commit the
offense.".
Page 15, after line 1, begin a new paragraph and insert:
"SECTION 18. IC 35-38-9-9, AS AMENDED BY P.L.219-2019,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) If the prosecuting attorney does not object,
or has waived objection to the petition under section 8 of this chapter,
the court may grant the petition for expungement without a hearing.
(b) The court may summarily deny a petition, if the petition does not
meet the requirements of section 8 of this chapter, or if the statements
contained in the petition demonstrate that the petitioner is not entitled
to relief.
(c) If the prosecuting attorney objects to the petition, the prosecuting
attorney shall file the reasons for objecting to the petition with the court
and serve a copy of the objections on the petitioner at the time the
prosecuting attorney objects to the petition. The court shall set the
matter for hearing not sooner than sixty (60) days after service of the
petition on the prosecuting attorney.
(d) A victim of the offense for which expungement is sought may
submit an oral or written statement in support of or in opposition to the
petition at the time of the hearing. The petitioner must prove by a
preponderance of the evidence that the facts alleged in the verified
petition are true.
(e) The grant or denial of a petition is an appealable final order.
(f) If the court grants the petition for expungement, the court shall
issue an order of expungement as described in sections 6 and 7 of this
chapter.
(g) The order granting the petition for expungement described in
sections 6 and 7 of this chapter must include the information described
in section 8(b) of this chapter.
(h) This subsection applies only to a petition to expunge conviction
ES 281—LS 6886/DI 106 39
records filed under sections 2 through 5 of this chapter. This subsection
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. A petitioner may seek to expunge more than one (1)
conviction at the same time. The petitioner shall consolidate all
convictions that the petitioner wishes to expunge from the same county
in one (1) petition. A petitioner who wishes to expunge convictions
from separate counties must file a petition in each county in which a
conviction was entered.
(i) This subsection applies only to a petition to expunge conviction
records filed under sections 2 through 5 of this chapter. This subsection
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. Except as provided in subsections (j) and (k), a petitioner
may file a petition for expungement only one (1) time during the
petitioner's lifetime. For purposes of this subsection, all petitions for
expungement filed in separate counties for offenses committed in those
counties count as one (1) petition if they are filed in one (1) three
hundred sixty-five (365) day period.
(j) A petitioner whose petition for expungement has been denied, in
whole or in part, may refile that petition for expungement, in whole or
in part, with respect to one (1) or more convictions included in the
initial expungement petition that were not expunged. However, if the
petition was denied due to the court's exercise of its discretion under
section 4 or 5 of this chapter, a petition for expungement may be refiled
only after the elapse of three (3) years from the date on which the
previous expungement petition was denied. Except as provided in
subsection (k), a refiled petition for expungement may not include any
conviction that was not included in the initial expungement petition.
(k) A court may permit a petitioner to file an amended a
supplemental petition for expungement at any time with respect to
one (1) or more convictions that were not included in the initial
expungement petition only if the court finds that:
(1) the petitioner intended in good faith to comply with
subsections (h) and (i);
(2) the petitioner's failure to comply with subsections (h) and (i)
was due to:
(A) excusable neglect; or
(B) circumstances beyond the petitioner's control; and
(3) permitting the petitioner to file a subsequent petition for
expungement is in the best interests of justice.
(l) If:
ES 281—LS 6886/DI 106 40
(1) the information required to be expunged, marked as expunged,
or otherwise sealed or restricted under this chapter changes as the
result of an amendment to this chapter; and
(2) a person whose petition for expungement was granted before
the effective date of the amendment wishes to obtain the benefits
of that amendment;
the person may file a petition for a supplemental order of expungement
with the court that granted the petition for expungement. A petition for
a supplemental order of expungement must include a copy of the
expungement order, succinctly set forth the relief the petitioner seeks,
and include any other information required by the court. If the court
finds that the person was granted an order for expungement before the
effective date of the amendment and is otherwise entitled to relief, the
court shall issue a supplemental order for expungement consistent with
the amendment.".
and when so amended that said bill do pass.
(Reference is to SB 281 as reprinted February 19, 2025.)
MCNAMARA
Committee Vote: yeas 12, nays 1.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 281 be amended to
read as follows:
Page 2, line 1, delete "act" and insert "offense".
Page 2, line 2, delete "if committed".
Page 2, line 3, delete "by an adult".
Page 2, line 35, delete "act" and insert "offense".
Page 2, line 36, delete "if committed by an adult." and insert ".".
Page 3, line 1, delete "act" and insert "offense".
Page 3, line 2, delete "if committed by an adult".
Page 3, line 7, delete "act" and insert "offense".
Page 3, line 8, delete "if committed by an".
Page 3, line 9, delete "adult".
Page 3, line 15, delete "act" and insert "offense".
Page 3, line 16, delete "if committed by an adult." and insert ".".
Page 3, line 22, delete "act" and insert "offense".
ES 281—LS 6886/DI 106 41
Page 3, line 23, delete "if committed" and insert ".".
Page 3, line 24, delete "by an adult.".
Page 3, line 31, delete "act" and insert "offense".
Page 3, line 32, delete "if committed" and insert ".".
Page 3, line 33, delete "by an adult.".
Page 4, line 5, delete "act" and insert "offense".
Page 4, line 6, delete "if committed by an" and insert ".".
Page 4, line 7, delete "adult.".
Page 4, line 25, delete "act" and insert "offense".
Page 4, line 26, delete "if committed by an".
Page 4, line 27, delete "adult".
Page 7, line 40, delete "expungement." and insert "expungement or
sealing of records.".
(Reference is to ESB 281 as printed March 20, 2025.)
ZIMMERMAN
ES 281—LS 6886/DI 106