Indiana § 35-38-9-7 Effect of expunging serious and less serious felony convictions

Indiana Statutes

§ 35-38-9-7 — Effect of expunging serious and less serious felony convictions

Indiana·Art. 38 PROCEEDINGS FOLLOWING DISMISSAL,·Ch. 9 Sealing and Expunging Conviction Records

(a)This section applies only to a person who has filed a petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged.

(b)The court records and other public records relating to the arrest, conviction, or sentence of a person whose conviction records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. However, the court shall order that the records be clearly and visibly marked or identified as being expunged. A petition for expungement granted under sections 4 through 5 of this chapter does not affect an existing or pending driver's license suspension.

(c)The state police department, the bureau of motor vehicles, and any other law enfo

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(a) This section applies only to a person who
has filed a petition for expungement under section 4 or 5 of this chapter
and whose records have been ordered marked as expunged.
(b) The court records and other public records relating to the arrest,
conviction, or sentence of a person whose conviction records, including
any records relating to the conviction and any records concerning a
collateral action, have been marked as expunged remain public records.
However, the court shall order that the records be clearly and visibly
marked or identified as being expunged. A petition for expungement
granted under sections 4 through 5 of this chapter does not affect an
existing or pending driver's license suspension.
(c) The state police department, the bureau of motor vehicles, and
any other law enforcement agency in possession of records that relate
to the conviction, including any records concerning a collateral action,
ordered to be marked as expunged shall add an entry to the person's
record of arrest, conviction, or sentence in the criminal history data
base stating that the record is marked as expunged. Nothing in this
chapter prevents the bureau of motor vehicles from reporting
information about a conviction for a violation of a traffic control law
to the Commercial Drivers License Information System (CDLIS), in
accordance with federal law, even if the conviction has been expunged
under section 4 or 5 of this chapter.
(d) If the court issues an order granting a petition for expungement
under section 4 or 5 of this chapter, the court shall include in its order
the information described in section 8(b) of this chapter.
(e) If a court issues an order granting a petition for expungement
under sections 4 through 5 of this chapter, the court shall also order any
related records described in section 1(h) of this chapter marked as
expunged, unless the records described in section 1(h) of this chapter
have been ordered marked as expunged under this section.

Indiana § 35-38-9-7 (Effect of expunging serious and less serious felony convictions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.13; P.L.142-2015, SEC.7; P.L.198-2016, SEC.672; P.L.219-2019, SEC.13; P.L.14-2022, SEC.3.