The House Courts and Criminal Code Committee heard SB 281 on expungement, sponsored by Rep. Steuerwald. The bill, authored by Sen. Baldwin, does the following:
- Specifies that certain records relating to juvenile delinquency proceedings are accessible to a law enforcement officer acting within the scope of the officer’s duties, and requires persons having custody of these records to take steps to ensure that these records are available to the law enforcement officer in a timely manner.
- Repeals a provision requiring a court to expunge certain records on the court’s own motion.
- Specifies that the juvenile court shall cooperate to ensure that certain records are available to the prosecuting attorney or a deputy.
- Allows the expungement of official misconduct if: (1) the person seeking the expungement is not an elected official; and (2) the prosecuting attorney consents.
- Permits disclosure to the state police department of certain sealed records if disclosure is required for the purpose of expunging or marking as expunged records in the central repository for criminal history information.
- Prohibits expungement for a person convicted of unlawful possession of a firearm by a serious violent felon.
- Requires the Office of Judicial Administration, before July 1, 2025, to establish an electronic system for transmitting a chronological case summary to the state police department for purposes of expungement.
The Committee amended the bill by consent to restrict expungement of juvenile records involving a finding that the child committed an act that would be a serious violent felony if committed by an adult, and makes other changes relating to expungement procedures. The Indiana Public Defender Council and a member of the public testified in support of the bill. The amended bill passed 12-1.
Read the bill at: https://iga.in.gov/legislative/2025/bills/senate/281