IN HB1118

HB 1118 - Expungement Reform

• Repeals existing adult expungement statute (IC 35-38-9) and replaces it with new expungement process (IC 35-38-9.5) effective July 1, 2026

• Establishes waiting periods for conviction expungement: 5 years after conviction/sentence completion for misdemeanors, 8 years for Level 6 felonies, and 10 years for moderate felonies (prosecutors may consent to shorter periods in writing)

• Creates new chapter (IC 35-38-9.6) for expungement of arrest records when charges are dismissed, defendant is acquitted, or one year passes without charges being filed

• Adds provisions for expungement of juvenile arrest records (IC 31-39-8.5) with automatic expungement when delinquency allegations are dismissed or not proven true

• Excludes from expungement eligibility: sex offenders, violent offenders, those convicted of homicide, human trafficking, sex offenses, official misconduct by elected/judicial officers, or two or more unrelated felonies involving deadly weapons