LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6886 NOTE PREPARED: Mar 24, 2025
BILL NUMBER: SB 281 BILL AMENDED: Mar 24, 2025
SUBJECT: Expungement.
FIRST AUTHOR: Sen. Baldwin BILL STATUS: 2nd Reading - 2nd House
FIRST SPONSOR: Rep. Steuerwald
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Juvenile Delinquency Sealing and Expungement: This bill specifies that certain
records relating to juvenile delinquency proceedings are accessible to a law enforcement officer acting within
the scope of the officer's duties, and requires persons having custody of these records to take steps to ensure
that these records are available to the law enforcement officer in a timely manner. It also specifies that the
juvenile court shall cooperate to ensure that certain records are available to the prosecuting attorney or a
deputy.
Expungement of Official Misconduct: The bill allows the expungement of official misconduct if: (1) the
person seeking the expungement is not an elected official; and (2) the prosecuting attorney consents.
Expungement Petitions: It also 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.
Expungement of Unlawful Possession by Felons: This bill prohibits expungement for a person convicted of
unlawful possession of a firearm by a serious violent felon.
Chronological Case Summaries: The bill requires the Office of Judicial Administration (OJA), before July
1, 2025, to establish an electronic system for transmitting a chronological case summary to the State Police
Department for purposes of expungement.
Licencing and Judicial Officer Expungement: This bill prohibits the expungement of certain records of a
person holding a commercial driver's license or permit. It also makes certain expungement provisions that
apply to elected officials also apply to elected or appointed judicial officers.
Effective Date: July 1, 2025.
Explanation of State Expenditures: (Revised) Chronological Case Summaries: The bill requires the OJA
to establish an electronic system for receiving requests for chronological case summaries and transmitting
chronological case summaries to the Indiana State Police for expungement or sealing of records. This
SB 281 1 requirement is within the agency’s routine administrative functions and should be able to be implemented
with no additional appropriations, assuming near customary agency staffing and resource levels.
Licencing and Judicial Officer Expungement: This bill will decrease the workload of the Bureau of Motor
Vehicles in carrying out expungement orders from courts for persons who violated traffic laws while
possessing a commercial drivers licence or commercial learners permit as described in 49 CFR 384.226.
Explanation of State Revenues:
Explanation of Local Expenditures: (Revised) Juvenile Delinquency Sealing and Expungement: This bill
makes it so that juvenile court records relating to findings that would have otherwise been a serious violent
felony become available without a court order in a timely manner to law enforcement officers acting within
their scope of duty. An individual may petition a court to seal records relating to cases that would have
otherwise been serious violent felonies, however they shall still be made available to officers if the said
records are within officers’ scope of duty.
When a court grants an expungement petition relating to a finding that a child committed offense that would
be a serious violent felony, the court shall order each person who provided treatment to the child to send their
records to the court. These expunged records will be sealed and made available to law enforcement acting
within the scope of their duties. Data from these sealed records with personally identifiable information
removed may be made available to the public for the purposes of statistical analysis, research, and financial
auditing.
Developing processes which make sealed records relating to a child who committed an offense that would
be a serious violent felony accessible to law enforcement and keeping personally identifiable information
hidden from the general public is within courts’ routine administrative functions and should be able to be
implemented with no additional appropriations, assuming near customary agency staffing and resource levels.
Additional Information - Criminal acts that are considered serious violent felonies are instances that include,
but are not limited to the following:
Offense Offense Level
IC 35-42-1-1 (Murder) Murder
IC 35-42-2-1 (Battery) Level 5 to Level 2 Felony
IC 35-42-5-1 (Robbery) Level 5 to Level 2 Felony
IC 35-45-10-5 (Criminal Stalking) Level 6 to Level 5 Felony
IC 35-48-1.1 to 4 (Dealing with Controlled
Substances)
Class A Misdemeanor to Level 2 Felony
Expungement of Official Misconduct: This bill prohibits elected officials from seeking expungement for
official misconduct, but allows non-elected officials to seek expungement. This may reduce courts’ workload
in processing expungement filings of individuals who are elected officials that are convicted of this crime,
if they know they cannot seek expungement.
(Revised) Expungement Petitions: The workload of juvenile courts will increase in disclosing sealed records
SB 281 2 to the state police department for the purpose of expunging, or marking as expunged, records in the central
repository for criminal history information.
Courts may permit a petitioner to file a supplemental petition at any time with respect to one or more
convictions that were not included in the initial expungement petition if a court finds excusable neglect in
conforming with typical expungement processes. This will increase courts’ workload.
Expungement of Unlawful Possession by Felons: This bill prohibits expungement for a person convicted of
unlawful possession of a firearm by a serious violent felon and would reduce the workload of courts
processing the petitions of individuals who would have otherwise sought expunging their conviction.
[According to the Abstracts of Judgement, between FY 2021 and FY 2024 there were a total of 2,345
offenders sentenced for unlawful possession of a firearm by a serious violent felon, or an average of 585
offenders annually.]
Licencing and Judicial Officer Expungement: The bill also prevents elected or appointed judicial officers
from seeking expungement, further reducing the workload of courts.
Explanation of Local Revenues:
State Agencies Affected: Indiana State Police, Law enforcement agencies, Office of Judicial Administration,
Bureau of Motor Vehicles
Local Agencies Affected: Juvenile Courts, Local law enforcement agencies
Information Sources: Indiana Supreme Court
https://www.in.gov/courts/iocs/statistics/trial-probation/2023/
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
SB 281 3