INDIANA GENERAL ASSEMBLY

2025 Regular Session

HOUSE BILL XXXX

Introduced by Representative [Name]

A BILL ENTITLED

The Indiana Second Chance Employment and Expungement Act of 2025

SECTION 1. SHORT TITLE.

This Act may be cited as the “Indiana Second Chance Employment and Expungement Act of 2025.”

SECTION 2. PURPOSE.

To reduce recidivism, promote public safety, and enhance economic mobility by establishing a streamlined, automatic and petition-based expungement process for eligible criminal records in Indiana, while supporting recovery, employment, and reintegration services for formerly incarcerated individuals.

SECTION 3. DEFINITIONS.

  • Automatic Expungement: Sealing of arrest records and dismissed charges without petition, as provided under IC 35-38-9-1(b).

  • Eligible Offense: Non-violent misdemeanors and Level 6 felonies not involving serious bodily injury, sexual offenses, or crimes against minors.

  • Waiting Periods:

    • Arrests/dismissed charges: 1 year (automatic)

    • Misdemeanors: 3 years

    • Level 6 felonies: 3 years

    • Other non-violent felonies: 3 years

  • Expungement: Legal sealing of records from public access, with retention for law enforcement and judicial use.

SECTION 4. AUTOMATIC EXPUNGEMENT PROVISIONS.

(a) Implementation Timeline:
Automatic expungement of eligible arrest records and dismissed charges shall occur within 60 days of case dismissal or acquittal, Resolution of criminal case effective July 1, 2025.

(b) Process:

  • Courts shall initiate automatic expungement under IC 35-38-9-1(b).

  • Records shall be sealed from public databases and background checks.

  • Notification shall be provided to affected individuals.

(c) Oversight:
The Indiana Office of Judicial Administration shall oversee compliance and implementation.

SECTION 5. PETITION-BASED EXPUNGEMENT PROVISIONS.

(a) Individuals may petition for expungement of eligible convictions after the applicable waiting period.

(b) Prosecutorial consent may be required for:

  • Official misconduct cases

  • Felonies involving bodily injury

(c) The petition shall include:

  • Proof of sentence completion

  • Payment of all fines and restitution

  • No new criminal charges

SECTION 6. EXCLUSIONS.

Expungement shall not apply to:

  • Homicide, manslaughter, rape, child molestation

  • Human trafficking

  • Sex offender registry crimes

  • Serious violent felonies

  • Convictions of elected officials while in office

SECTION 7. RECOVERY AND EMPLOYMENT SUPPORT.

(a) Services Provided:

  • Substance abuse treatment

  • Mental health counseling

  • Peer support and transitional housing

  • Job training and placement assistance

(b) Coordination:
Indiana Department of Health and Department of Workforce Development shall collaborate with the Calbert Foundation and local partners.

SECTION 8. PUBLIC AWARENESS AND OUTREACH.

The Indiana Judiciary shall:

  • Launch an e-portal for expungement tracking and updates

  • Partner with legal aid organizations for clinics and education

  • Ensure accessibility for underserved communities

SECTION 9. FUNDING.

Funding shall be allocated through:

  • Indiana Judiciary Technology Grants

  • Federal Second Chance Act Programs

  • State appropriations and private partnerships

SECTION 10. APPEALS PROCESS.

(a) Individuals denied expungement may appeal within 90 days.
(b) Hearings shall be held within 60 days.
(c) Judicial review is permitted if appeal is denied.

SECTION 11. FISCAL IMPACT.

Estimated costs:

  • Initial implementation: $4 million

  • Annual operations: $2 million

  • Projected benefits:

    • 20% reduction in recidivism

    • $10 million increase in tax revenue

    • $25–$35 million savings in public expenditures

SECTION 12. EFFECTIVE DATE.

This Act shall take effect July 1, 2025, with full implementation by January 1, 2027.