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Bill > SB0139


IN SB0139

IN SB0139
Expungement and firearms.


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Expungement and firearms. Specifies, for purposes of the expungement statute, that a person whose conviction for a serious violent felony involving the possession or use of a firearm is expunged is entitled to restoration of the person's right to possess a firearm only if the court finds, following a hearing, that restoration of the person's right to possess a firearm is unlikely to present a danger to the public.

AI Summary

This bill modifies Indiana's expungement laws, specifically addressing how certain serious violent felonies involving firearms are handled in the expungement process. The bill clarifies that for individuals seeking to have a serious violent felony involving a firearm expunged, the restoration of their right to possess a firearm is not automatic. Instead, the person must go through a court hearing where the judge will specifically determine whether restoring firearm possession rights would present a danger to the public. The bill requires that if a court grants an expungement for such a felony, the court order must explicitly state whether the person's right to possess a firearm has been restored. Additionally, the bill makes technical amendments to how expunged records are handled, including sealing records with various state agencies, limiting who can access sealed records, and providing a process for potential future access by prosecuting attorneys under specific circumstances. The changes are set to take effect on July 1, 2025, and aim to balance individual rehabilitation with public safety concerns, particularly in cases involving firearms.

Committee Categories

Justice

Sponsors (2)

Last Action

Senator Tomes added as second author (on 01/13/2025)

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