§ 35-38-9-8 — Petition to expunge conviction records

Indiana § 35-38-9-8

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

Text

(a) This section applies only to a petition to
expunge conviction records, including any records relating to the
conviction and any records concerning a collateral action, under
sections 2 through 5 of this chapter. This section does not apply to a
petition to expunge records related to the arrest, criminal charge, or
juvenile delinquency allegation under section 1 of this chapter.
(b) Any person may seek an expungement under sections 2 through
5 of this chapter by filing a verified petition for expungement. The
petition must include the following:
(1) The petitioner's full name and all other legal names or aliases
by which the petitioner is or has been known.
(2) The petitioner's date of birth.
(3) The petitioner's addresses from the date of the offense to the
date of the petition.
(4) The case number or court cause number, if available.
(5) The petitioner shall affirm that no criminal investigation or
charges are pending against the petitioner.
(6) The petitioner shall affirm that the petitioner has not
committed another felony or misdemeanor within the period
required for expungement.
(7) The petitioner shall list all convictions, all collateral actions,
the cause number of each conviction, if known, the date of the
conviction, and any appeals from the conviction and the date any
appellate opinion was handed down, if applicable.
(8) The petitioner shall include:
(A) the petitioner's Social Security number;
(B) the petitioner's driver's license number;
(C) the date of the petitioner's arrest, if applicable; and
(D) the date on which the petitioner was convicted.
(9) The petitioner shall affirm that the required period has elapsed
or attach a copy of the prosecuting attorney's written consent to a
shorter period.
(10) The petitioner shall describe any other petitions that the
petitioner has filed under this chapter.
(11) For a petition filed under section 5 of this chapter, the
petitioner shall attach a copy of the prosecuting attorney's written
consent.
(c) The petitioner may include any other information that the
petitioner believes may assist the court.
(d) A person who files a petition under this section is required to
pay the filing fee required in civil cases. The court may reduce or waive
this fee if the person is indigent.
(e) The petitioner shall serve a copy of the petition upon the
prosecuting attorney in accordance with the Indiana Rules of Trial
Procedure.
(f) The prosecuting attorney shall inform the victim of the victim's
rights under IC 35-40-6 by contacting the victim at the victim's last
known address. However, if a court has no discretion in granting an
expungement petition under this chapter, the prosecuting attorney is
not required to inform the victim of the victim's rights under this
subsection.
(g) The prosecuting attorney shall reply to the petition not later than
thirty (30) days after receipt. If the prosecuting attorney fails to timely
reply to the petition:
(1) the prosecuting attorney has waived any objection to the
petition; and
(2) the court shall proceed to consider the petition under section
9 of this chapter.

Legislative History

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.14; P.L.142-2015, SEC.8; P.L.219-2019, SEC.14; P.L.52-2021, SEC.6.