Eviction issues., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.

 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 142

   AN ACT to amend the Indiana Code concerning property.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 32-31-11-1, AS ADDED BY P.L.164-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) This chapter applies to an eviction action
that results in an outcome or occurrence described in section 3(a)(1)
through 3(a)(3) and 3(b) of this chapter regardless of when the eviction
action is originally filed.

   (b) This chapter does not apply to a hearing for damages in an
eviction action in which a judgment has been awarded.

   SECTION 2. IC 32-31-11-3, AS ADDED BY P.L.164-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), (c), if
a landlord files an eviction action and:

      (1) the eviction action is dismissed by the court:
         (A) upon petition of the landlord under IC 32-31-10-3 or
         otherwise; or
         (B) upon:
            (i) petition by the tenant; or
            (ii) the court's own motion;
         under IC 32-31-10-4 as a result of the landlord's failure to
         prosecute the case;

      (2) a judgment in favor of the tenant is entered by the court; or
      (3) a judgment is entered by the court against the tenant, and the

SEA 142 — Concur
                                    2

      judgment is subsequently overturned or vacated on appeal;
the court in which the eviction action was filed upon motion by the
tenant, shall, on its own motion, order the clerk of the court and the
operator of any state, regional, or local case management system not to
disclose or permit disclosure of any records in the case, including the
petition by the landlord for possession of the rental unit. In an order
issued under this subsection, the court shall direct the clerk of the court
to redact or permanently seal the court's own records related to the
eviction action.

   (b) Except as provided in subsection (c), if a judgment is entered
by the court against the tenant, and:

      (1) a money judgment related to the eviction action was
      entered and the tenant has satisfied the money judgment; or
      (2) the final judgment against the tenant does not include a
      money judgment and at least seven (7) years have elapsed
      since the entry of the judgment;
the court in which the eviction action was filed, upon motion by the
tenant, shall order the clerk of the court and the operator of any
state, regional, or local case management system not to disclose or
permit disclosure of any records in the case, including the petition
by the landlord for possession of the rental unit. In an order issued
under this subsection, the court shall direct the clerk of the court
to redact or permanently seal the court's own records related to
the eviction action. The court may issue an order under this
subsection without a hearing.
   (b) (c) If the court issues an order under subsection (a) or (b), the
court and the operator of any state, regional, or local case management
system shall not disclose or permit disclosure of any records in the
eviction action, including the petition by the landlord for possession of
the rental unit:
      (1) other than to any person under a court order;
      (2) other than to a law enforcement agency for an authorized law
      enforcement activity; or
      (3) unless authorized under this chapter or otherwise required by
      law.
   (c) (d) The court shall issue an order under subsection (a) at the
time:
      (1) the action is dismissed;
      (2) the judgment in favor of the tenant is entered; or
      (3) the opinion overturning or vacating the judgment against the
      tenant becomes final;
as applicable, without holding an additional hearing.

SEA 142 — Concur
                                    3

   (d) (e) If an appellate court overturns or vacates a judgment entered
against a tenant in an eviction action, as described in subsection (a)(3),
and the court in which the action is filed then enters an order
prohibiting the disclosure of any records in the action under subsection
(a), the appellate court shall:

      (1) redact the opinion or memorandum decision as it appears on
      the computer gateway administered by the office of technology so
      that it does not include the name of the tenant; and
      (2) provide a redacted copy of the opinion to any publisher or
      organization to whom the opinion or memorandum decision is
      provided after the date of the order under subsection (a).
The Indiana supreme court and the court of appeals are not required to
redact, destroy, or otherwise dispose of any copy of an opinion or
memorandum decision that includes the name of the tenant and that
was created before the date of the order under subsection (a).
   (e) (f) This section does not affect an order that is issued by a court
and that:
      (1) is made in compliance with an order of the Indiana supreme
      court issued in connection with a residential eviction diversion
      program that complies with IC 32-31-10-5(b); and
      (2) makes court records related to a pending eviction action
      confidential.
Records related to a pending eviction action that are made confidential
under an order described in this subsection retain or lose their
confidential status in accordance with the court's order.
   (g) If an order is entered under subsection (a), any final
judgment for the recovery of money or costs does not constitute a
lien upon real estate and chattels real pursuant to IC 34-55-9-2.
   SECTION 3. IC 32-31-11-4, AS ADDED BY P.L.164-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) If:
      (1) an eviction action:

         (A) is filed before July 1, 2022; and
         (B) results in an outcome described in section 3(a)(1) through
         3(a)(3) of this chapter before July 1, 2022;
      and the court in the action has not otherwise filed an order
      described in section 3 of this chapter; or
      (2) the court has not otherwise issued an order under section 3 of
      this chapter in an eviction action that results, on or after July 1,
      2022, in an outcome described in section 3(a)(1) through 3(a)(3)
      of this chapter;
the tenant in the action may petition the court in which the eviction

SEA 142 — Concur
                                    4

action was filed to issue an order prohibiting the disclosure of any
records in the action, including the petition by the landlord for
possession of the rental unit, in accordance with section 3 of this
chapter.

   (b) If:
      (1) an eviction action is filed before July 1, 2025; and
      (2) an outcome or occurrence described in section 3(b) of this
      chapter occurs before July 1, 2025;

and the court in the action has not otherwise filed an order
described in section 3 of this chapter, the tenant in the action may
petition the court in which the eviction action was filed to issue an
order prohibiting the disclosure of any records in the action,
including the petition by the landlord for possession of the rental
unit, in accordance with section 3 of this chapter.

   (b) (c) A petition under subsection (a) or (b) must be verified by the
petitioner and filed with court, and must include the following
information:

      (1) The petitioner's full name.
      (2) The petitioner's date of birth.
      (3) The petitioner's current address.
      (4) The case number or cause number of the eviction action.
      (5) A description of why the petitioner is entitled to relief under
      this section, along with any supporting documentation or
      evidence.
      (6) A sworn statement that a monetary judgment is not
      outstanding to the landlord in the eviction action with respect to
      which the petitioner seeks relief under this section.
   (c) (d) The court may do any of the following, with respect to a
petition filed under subsection (a) or (b):
      (1) Issue an order prohibiting the disclosure of any records in the
      action, in accordance with section 3 of this chapter, without a
      hearing, if the court determines that the petition contains
      sufficient information under subsection (b). subsection (c).
      (2) Set the matter for a hearing if:

         (A) the court determines that the petition does not contain
         sufficient information under subsection (b); subsection (c); or
         (B) one (1) or more questions arise from the petition.
      In a hearing under this subdivision, the petitioner bears the
      burden of proof with respect to whether the court should issue an
      order prohibiting the disclosure of any records in the eviction
      action in accordance with section 3 of this chapter.

SEA 142 — Concur
President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

SEA 142 — Concur