§ 35-38-9-9 — Duties of court in ruling on expungement petitions

Indiana § 35-38-9-9

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

Text

(a) If the prosecuting attorney does not object,
or has waived objection to the petition under section 8 of this chapter,
the court may grant the petition for expungement without a hearing.
(b) The court may summarily deny a petition, if the petition does not
meet the requirements of section 8 of this chapter, or if the statements
contained in the petition demonstrate that the petitioner is not entitled
to relief.
(c) If the prosecuting attorney objects to the petition, the prosecuting
attorney shall file the reasons for objecting to the petition with the court
and serve a copy of the objections on the petitioner at the time the
prosecuting attorney objects to the petition. The court shall set the
matter for hearing not sooner than sixty (60) days after service of the
petition on the prosecuting attorney.
(d) A victim of the offense for which expungement is sought may
submit an oral or written statement in support of or in opposition to the
petition at the time of the hearing. The petitioner must prove by a
preponderance of the evidence that the facts alleged in the verified
petition are true.
(e) The grant or denial of a petition is an appealable final order.
(f) If the court grants the petition for expungement, the court shall
issue an order of expungement as described in sections 6 and 7 of this
chapter.
(g) The order granting the petition for expungement described in
sections 6 and 7 of this chapter must include the information described
in section 8(b) of this chapter.
(h) This subsection applies only to a petition to expunge conviction
records filed under sections 2 through 5 of this chapter. This subsection
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. A petitioner may seek to expunge more than one (1)
conviction at the same time. The petitioner shall consolidate all
convictions that the petitioner wishes to expunge from the same county
in one (1) petition. A petitioner who wishes to expunge convictions
from separate counties must file a petition in each county in which a
conviction was entered.
(i) This subsection applies only to a petition to expunge conviction
records filed under sections 2 through 5 of this chapter. This subsection
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. Except as provided in subsections (j) and (k), a petitioner
may file a petition for expungement only one (1) time during the
petitioner's lifetime. For purposes of this subsection, all petitions for
expungement filed in separate counties for offenses committed in those
counties count as one (1) petition if they are filed in one (1) three
hundred sixty-five (365) day period.
(j) A petitioner whose petition for expungement has been denied, in
whole or in part, may refile that petition for expungement, in whole or
in part, with respect to one (1) or more convictions included in the
initial expungement petition that were not expunged. However, if the
petition was denied due to the court's exercise of its discretion under
section 4 or 5 of this chapter, a petition for expungement may be refiled
only after the elapse of three (3) years from the date on which the
previous expungement petition was denied. Except as provided in
subsection (k), a refiled petition for expungement may not include any
conviction that was not included in the initial expungement petition.
(k) A court may permit a petitioner to file a supplemental petition
for expungement at any time with respect to one (1) or more
convictions that were not included in the initial expungement petition
only if the court finds that:
(1) the petitioner intended in good faith to comply with
subsections (h) and (i);
(2) the petitioner's failure to comply with subsections (h) and (i)
was due to:
(A) excusable neglect; or
(B) circumstances beyond the petitioner's control; and
(3) permitting the petitioner to file a subsequent petition for
expungement is in the best interests of justice.
(l) If:
(1) the information required to be expunged, marked as expunged,
or otherwise sealed or restricted under this chapter changes as the
result of an amendment to this chapter; and
(2) a person whose petition for expungement was granted before
the effective date of the amendment wishes to obtain the benefits
of that amendment;
the person may file a petition for a supplemental order of expungement
with the court that granted the petition for expungement. A petition for
a supplemental order of expungement must include a copy of the
expungement order, succinctly set forth the relief the petitioner seeks,
and include any other information required by the court. If the court
finds that the person was granted an order for expungement before the
effective date of the amendment and is otherwise entitled to relief, the
court shall issue a supplemental order for expungement consistent with
the amendment.

Legislative History

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.15; P.L.142-2015, SEC.10; P.L.219-2019, SEC.15; P.L.77-2025, SEC.16.