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.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 281
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
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 finding that a child committed an offense that would
be a serious violent felony (as defined by IC 35-31.5-2-294) are
available without a court order to a law enforcement officer acting
within the scope of the officer's duties:
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(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.
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.
SECTION 4. IC 31-39-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The records of a
law enforcement agency are available, without specific permission
from the head of the agency, to a law enforcement officer acting within
the scope of the officer's lawful duties.
(b) The law enforcement agency shall ensure that the 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.
SECTION 5. IC 31-39-8-2, AS AMENDED BY P.L.86-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Any person may petition a juvenile court at
any time to remove from:
(1) the court's files;
(2) the files of law enforcement agencies; and
(3) the files of any other person who has provided services to a
child under a court order;
those records pertaining to the person's involvement in juvenile court
proceedings that did not result in a finding that a child committed
an offense that would be a serious violent felony (as defined by
IC 35-31.5-2-294).
(b) Any person may petition a juvenile court at any time to seal
records relating to a delinquency proceeding that are maintained
in:
(1) the court's files; and
(2) the files of law enforcement agencies.
Sealed records under this subsection that relate to a finding that a
child committed an offense that would be a serious violent felony
(as defined by IC 35-31.5-2-294) shall be made available to a law
enforcement officer acting within the scope of the officer's duties,
but may not be made available to the public without a court order.
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(b) Under this section (c) Electronic records not relating to a
finding that a child committed an offense that would be a serious
violent felony (as defined by IC 35-31.5-2-294) shall be removed to
a secure data base to which the public or another person not having
legal or statutory authority to access the records is not granted access
to the data base.
SECTION 6. IC 31-39-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This subsection
applies to an expungement petition that does not relate to a finding
that a child committed an offense that would be a serious violent
felony (as defined by IC 35-31.5-2-294). If the court grants the
expungement petition, the court shall order each law enforcement
agency and each person who provided treatment for the child under an
order of the court to send that person's records to the court.
(b) This subsection applies to an expungement petition that
relates to a finding that a child committed an offense that would be
a serious violent felony (as defined by IC 35-31.5-2-294). If the
court grants the expungement petition, the court shall order each
person who provided treatment for the child under an order of the
court to send that person's records to the court.
SECTION 7. IC 31-39-8-6, AS AMENDED BY P.L.157-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) This section does not apply to records
relating to a finding that a child committed an offense that would
be a serious violent felony (as defined by IC 35-31.5-2-294). Subject
to subsections (b) and (c), the records shall be destroyed upon a grant
of an expungement petition by the court including an expungement
order issued under section 3.5 of this chapter.
(b) Data from the records in subsection (a) shall be maintained by
the court on a secure data base that does not enable identification of the
offender to the public or another person not having legal or statutory
authority to access the records.
(c) The records maintained in the data base under subsection (b)
may be used only for statistical analysis, research, and financial
auditing purposes.
SECTION 8. IC 31-39-8-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6.5. (a) This section applies to records relating to a
finding that a child committed an offense that would be a serious
violent felony (as defined by IC 35-31.5-2-294). Records shall be
sealed upon a grant of an expungement petition by the court.
Sealed records under this section shall be made available to a law
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enforcement officer acting within the scope of the officer's duties,
but, except as provided in subsections (b) and (c), may not be made
available to the public without a court order.
(b) The court may maintain data from the records in subsection
(a) on a secure data base, separate from the data base to which a
law enforcement officer and persons with a court order have
access, that does not enable identification of the offender to the
public or another person not having legal or statutory authority to
access the records.
(c) The records maintained in the data base under subsection (b)
may be used only for statistical analysis, research, and financial
auditing purposes.
SECTION 9. IC 31-39-8-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 8. A person having custody of sealed records relating
to a finding that a child committed an offense that would be a
serious violent felony (as defined by IC 35-31.5-2-294) 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.
SECTION 10. 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
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
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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
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
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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:
(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
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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 or
sealing of records.
(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.
SECTION 11. 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:
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(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;
and
(2) whose conviction is for a violation described in 49 CFR
384.226.
SECTION 12. 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:
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(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
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 13. 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
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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.
(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;
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(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.
SECTION 14. IC 35-38-9-5, AS AMENDED BY P.L.52-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b) and
section 8.5 of this chapter, this section applies to a person convicted of
a felony, including:
(1) an elected official, or an elected or appointed judicial
officer, convicted of an offense, other than official misconduct,
while serving the official's person's term or as a candidate for
public office; and
(2) a person convicted of a felony that resulted in serious bodily
injury to another person; and
(3) a person convicted of official misconduct, if the person is
not an elected official or an elected or appointed judicial
officer described in subsection (b)(2).
(b) This section does not apply to the following:
(1) A sex or violent offender (as defined in IC 11-8-8-5).
(2) A person An elected official, or an elected or appointed
judicial officer, convicted of official misconduct
(IC 35-44.1-1-1) while serving the person's term or as a
candidate for public office.
(3) 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.
(4) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
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(B) were not committed as part of the same episode of criminal
conduct.
(5) A person convicted of a felony that resulted in death to
another person.
(6) 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 ten (10) years from the date of
conviction, or five (5) 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;
(4) the person has not been convicted of a felony or misdemeanor
within the previous ten (10) 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)); and
(5) the prosecuting attorney has consented in writing to the
expungement of the person's criminal records;
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.
SECTION 15. IC 35-38-9-6, AS AMENDED BY P.L.185-2023,
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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
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:
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(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
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.
SEA 281 — Concur 15
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
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
SEA 281 — Concur 16
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.
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 16. 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
SEA 281 — Concur 17
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
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
SEA 281 — Concur 18
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:
(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.
SEA 281 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 281 — Concur