February 19, 2025
An Indiana state Senator has introduced a new bill to limit the expungement of criminal records for violent offenses. This new legislation aims to improve public safety and address concerns from individuals in the law enforcement community.
The new bill is Senate Bill 281 (SB281), which Indiana state Senator Scott Baldwin authored. If passed, SB281 would significantly change the state’s existing expungement process. For example, it would restrict the expungement of records for violent crimes.
One notable change in the initial version of SB281 includes prohibiting “the expungement of violent crimes from criminal records.” However, an amendment on February 13, 2025, updated the wording for this ban. It changed SB281 to prohibit expungement for “a person convicted of unlawful possession of a firearm by a serious violent felon” only.
Another notable change concerns records relating to juvenile delinquency proceedings. According to SB281, relevant records must promptly become available to law enforcement officers. This change aims to ensure that law enforcement has timely access to such information when out on the field as needed.
This bill addresses a key concern: Indiana law enforcement may lack access to expunged records for violent offenders when they need them. Though law enforcement may access expunged criminal records, they often face a significant lag when acquiring the information. Those supporting SB281 believe this lag can pose a severe safety issue.
Indiana’s current expungement law restricts when individuals may qualify to limit access to their criminal records. To qualify for expungement, they must avoid additional convictions during a ten-year waiting period after completing their first sentence. This process requires the individual to file a petition with the court. At their discretion, a judge may grant an expungement limiting access to any records related to the offense.
Under this new legislation, convictions currently eligible for expungement could lose their eligibility. According to the earlier version of the bill, this would have expansively barred all violent offenses. However, the amended SB281 only alters the existing limitations. The alterations bar expungement for “[people] convicted of unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).”
The changes to reduce the scope of an existing expungement law could seriously impact future record sealing if it comes to pass. For employers, it is crucial to ensure compliance with all laws impacting criminal record screening. One popular way to accomplish this is by working with an experienced and trusted employment screening provider.
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