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House withdraws expungement bill after lawmakers seek clarification on "official misconduct" language
Summary
Representative Stuart presented a bill to change expungement rules, including access to sealed juvenile records and limits for official misconduct, but withdrew the bill after extended questioning about whether convictions for official misconduct by elected officials could later be expunged.
Representative Stuart brought Senate Bill 281 to the House floor on March 26, 2025, proposing a series of changes to Indiana's expungement provisions, including access rules for sealed juvenile court records, limits on expungement for people convicted of unlawful possession by serious violent felons, and provisions affecting official misconduct convictions.
During floor debate, several lawmakers sought clarification about whether the bill would permit former elected officials convicted of official misconduct during their term to later obtain expungement. Representative Dvorak pressed whether the measure would allow an official convicted while in office to petition for expungement after leaving office. Representative Zimmerman attempted to clarify the sponsor's intent, saying, "If you are currently an elected official you cannot seek expungement under this bill. If you are later out of office... you can ask the prosecutor in writing to consent to the expungement. But it's still up to judicial discretion."
Representative Sherwood said he opposed the bill, arguing that someone convicted of official misconduct should not be eligible for expungement and thus could not later seek office. After the extended back-and-forth and acknowledgment that statutory language was complex and difficult to read, the sponsor withdrew the bill at the author's request.
What the bill would have done: among other things, the measure aimed to ensure law enforcement and prosecutors retained access to sealed juvenile records in serious violent felony cases, clarified eligibility for expungement following certain convictions, and aligned parts of the code with federal rules governing commercial driver's licenses.
Outcome: The bill was withdrawn by the author; no final vote was taken on the merits.
