§ 35-38-9-5 — Expunging certain serious felony convictions; consent of prosecutor required

Indiana § 35-38-9-5

• 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 to a person convicted of
a felony, including:
(1) an elected official, or an elected or appointed judicial officer,
convicted of an offense, other than official misconduct, while
serving the person's term or as a candidate for public office;
(2) a person convicted of a felony that resulted in serious bodily
injury to another person; and
(3) a person convicted of official misconduct, if the person is not
an elected official or an elected or appointed judicial officer
described in subsection (b)(2).
(b) This section does not apply to the following:
(1) A sex or violent offender (as defined in IC 11-8-8-5).
(2) An elected official, or an elected or appointed judicial officer,
convicted of official misconduct (IC 35-44.1-1-1) while serving
the person's term or as a candidate for public office.
(3) A person convicted of an offense described in:
(A) IC 35-42-1, including attempted murder under IC 35-42-1-1;
(B) IC 35-42-3.5, including an attempt to commit the offense;
or
(C) IC 35-42-4, including an attempt to commit the offense.
(4) 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.
(5) A person convicted of a felony that resulted in death to
another person.
(6) A person convicted of unlawful possession of a firearm by a
serious violent felon (IC 35-47-4-5).
(c) Not earlier than the later of ten (10) years from the date of
conviction, or five (5) years from the completion of the person's
sentence, unless the prosecuting attorney consents in writing to an
earlier period, the person convicted of the felony 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 felony 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;
(4) the person has not been convicted of a felony or misdemeanor
within the previous ten (10) 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)); and
(5) the prosecuting attorney has consented in writing to the
expungement of the person's criminal records;
the court may order the conviction records described in subsection (c),
including any records relating to the conviction and any records
concerning a collateral action, marked as expunged in accordance with
section 7 of this chapter. A person whose records have been ordered
marked as expunged under this section is considered to have had the
person's records expunged for all purposes other than the disposition
of the records.

Legislative History

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.11; P.L.142-2015, SEC.5; P.L.219-2019, SEC.11; P.L.52-2021, SEC.5; P.L.77-2025, SEC.14.