(a)If the court orders conviction records,
including any records relating to the conviction and any records
concerning a collateral action, expunged under sections 2 through 3 of
this chapter, the court shall do the following with respect to the specific
records expunged by the court:
(1)Order:
(A)the department of correction;
(B)the bureau of motor vehicles; and
(C)each:
(i)law enforcement agency; and
(ii)other person;
who incarcerated, prosecuted, provided treatment for, or
provided other services for the person under an order of the
court;
to prohibit the release of the person's records or information in the
person's records to anyone without a court order, other than a law
enforcement officer acting in the course of the officer's official
duty.
(2)Order the central repository f
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(a) If the court orders conviction records,
including any records relating to the conviction and any records
concerning a collateral action, expunged under sections 2 through 3 of
this chapter, the court shall do the following with respect to the specific
records expunged by the court:
(1) Order:
(A) the department of correction;
(B) the bureau of motor vehicles; and
(C) each:
(i) law enforcement agency; and
(ii) other person;
who incarcerated, prosecuted, provided treatment for, or
provided other services for the person under an order of the
court;
to prohibit the release of the person's records or information in the
person's records to anyone without a court order, other than a law
enforcement officer acting in the course of the officer's official
duty.
(2) Order the central repository for criminal history information
maintained by the state police department to seal the person's
expunged conviction records, including information related to:
(A) an arrest or offense:
(i) in which no conviction was entered; and
(ii) that was committed as part of the same episode of
criminal conduct as the case ordered expunged; and
(B) any other references to any matters related to the case
ordered expunged, including in a collateral action.
This subdivision does not require the state police department to
seal any record the state police department does not have legal
authority to seal.
(3) Records sealed under subdivision (2) may be disclosed only
to:
(A) a prosecuting attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the official duties of the prosecuting
attorney;
(B) a defense attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the professional duties of the defense
attorney;
(C) a probation department, if:
(i) authorized by a court order; and
(ii) necessary to prepare a presentence report;
(D) the Federal Bureau of Investigation and the Department of
Homeland Security, if disclosure is required to comply with an
agreement relating to the sharing of criminal history
information;
(E) the:
(i) supreme court;
(ii) members of the state board of law examiners;
(iii) executive director of the state board of law examiners;
and
(iv) employees of the state board of law examiners, in
accordance with rules adopted by the state board of law
examiners;
for the purpose of determining whether an applicant possesses
the necessary good moral character for admission to the bar;
(F) a person required to access expunged records to comply
with the Secure and Fair Enforcement for Mortgage Licensing
Act (12 U.S.C. 5101 et seq.) or regulations adopted under the
Secure and Fair Enforcement for Mortgage Licensing Act;
(G) the bureau of motor vehicles, the Federal Motor Carrier
Administration, and the Commercial Drivers License
Information System (CDLIS), if disclosure is required to
comply with federal law relating to reporting a conviction for
a violation of a traffic control law;
(H) a school (as defined in IC 22-4-2-37), for the purpose of
determining whether to:
(i) employ a person seeking employment, including volunteer
employment, with the school;
(ii) continue a person's employment, including volunteer
employment at the school; or
(iii) grant access or admission to the school to an applicant
contractor or a contractor;
if the person, contractor, or applicant contractor is likely to
have contact with a student enrolled in the school, regardless of
the age of the student; and
(I) the state police department, if disclosure is required for the
purpose of expunging or marking as expunged records in the
central repository for criminal history information.
(4) Notify the clerk of the supreme court to seal any records in the
clerk's possession that relate to the conviction, including any
records concerning a collateral action.
A probation department may provide an unredacted version of a
presentence report disclosed under subdivision (3)(C) to any person
authorized by law to receive a presentence report.
(b) Except as provided in subsection (c), if a petition to expunge
conviction records, including any records relating to the conviction and
any records concerning a collateral action, is granted under sections 2
through 3 of this chapter, the records of:
(1) the sentencing court;
(2) a court that conducted a collateral action;
(3) a juvenile court;
(4) a court of appeals; and
(5) the supreme court;
concerning the person shall be permanently sealed. However, a petition
for expungement granted under sections 2 through 3 of this chapter
does not affect an existing or pending driver's license suspension.
(c) If a petition to expunge conviction records, including any records
relating to the conviction and any records concerning a collateral
action, is granted under sections 2 through 3 of this chapter with
respect to the records of a person who is named as an appellant or an
appellee in an opinion or memorandum decision by the supreme court
or the court of appeals, or who is identified in a collateral action, the
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 petitioner's name (in the same manner
that opinions involving juveniles are redacted); 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 of expungement.
The supreme court and court of appeals are not required to destroy or
otherwise dispose of any existing copy of an opinion or memorandum
decision that includes the petitioner's name.
(d) Notwithstanding subsection (b), a prosecuting attorney may
submit a written application to a court that granted an expungement
petition under this chapter to gain access to any records that were
permanently sealed under subsection (b), if the records are relevant in
a new prosecution of the person. If a prosecuting attorney who submits
a written application under this subsection shows that the records are
relevant for a new prosecution of the person, the court that granted the
expungement petition shall:
(1) order the records to be unsealed; and
(2) allow the prosecuting attorney who submitted the written
application to have access to the records.
If a court orders records to be unsealed under this subsection, the court
shall order the records to be permanently resealed at the earliest
possible time after the reasons for unsealing the records cease to exist.
However, if the records are admitted as evidence against the person in
a new prosecution that results in the person's conviction, or are used to
enhance a sentence imposed on the person in a new prosecution, the
court is not required to reseal the records.
(e) If a person whose conviction records, including any records
relating to the conviction and any records concerning a collateral
action, are expunged under sections 2 through 5 of this chapter is
required to register as a sex offender based on the commission of a
felony which has been expunged:
(1) the expungement does not affect the operation of the sex
offender registry website, any person's ability to access the
person's records, records required to be maintained concerning
sex or violent offenders, or any registration requirement imposed
on the person; and
(2) the expunged conviction records must be clearly marked as
expunged on the sex offender registry website.
(f) Expungement of a crime of domestic violence under section 2 of
this chapter does not restore a person's right to possess a firearm. The
right of a person convicted of a crime of domestic violence to possess
a firearm may be restored only in accordance with IC 35-47-4-7.
(g) If a court issues an order granting a petition for expungement
under sections 2 through 3 of this chapter, the court shall also order any
related records described in section 1(h) of this chapter sealed or
redacted in the manner described in section 1 of this chapter, unless the
records described in section 1(h) of this chapter have been ordered
sealed and redacted under this section.
(h) If the court issues an order granting a petition for expungement
under sections 2 through 3 of this chapter, the court shall include in its
order the information described in section 8(b) of this chapter.
(i) If the court issues an order granting a petition for expungement
under sections 2 through 5 of this chapter, the court shall include in its
order the information described in section 10(c) of this chapter.