§ 35-38-9-2 — Expunging misdemeanor convictions

Indiana § 35-38-9-2

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 9: Sealing and Expunging Conviction Records

Text

(a) Except as provided in subsection (b) and
section 8.5 of this chapter, this section applies only to a person
convicted of a misdemeanor, including a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) reduced to a misdemeanor.
(b) This section does not apply to the following:
(1) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal
conduct.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(c) Not earlier than five (5) years after the date of conviction (unless
the prosecuting attorney consents in writing to an earlier period) for the
misdemeanor or the felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7, the person convicted of the misdemeanor
or the felony reduced to a misdemeanor may petition a court to
expunge all conviction records, including records contained in:
(1) a court's files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or
services to the petitioning person under a court order;
that relate to the person's misdemeanor conviction, including records
of a collateral action.
(d) A person who files a petition to expunge conviction records,
including any records relating to the conviction and any records
concerning a collateral action, shall file the petition in a circuit or
superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and
satisfied any restitution obligation placed on the person as part of
the sentence; and
(4) the person has not been convicted of a crime within the
previous five (5) years (or within a shorter period agreed to by the
prosecuting attorney if the prosecuting attorney has consented to
a shorter period under subsection (c));
the court shall order the conviction records described in subsection (c),
including any records relating to the conviction and any records
concerning a collateral action, expunged in accordance with section 6
of this chapter.

Legislative History

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.8; P.L.142-2015, SEC.2; P.L.95-2017, SEC.2; P.L.219-2019, SEC.8; P.L.55-2020, SEC.9.