§ 35-38-9-9.5 — Collateral action in a different county

Indiana § 35-38-9-9.5

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

Text

5. (a) This section applies to a collateral
action adjudicated or conducted in a county other than the county in
which a court granted an expungement.
(b) Upon receipt of a request to expunge records related to a
collateral action and a properly certified expungement order, a circuit
or superior court in the county in which the collateral action occurred
shall:
(1) notify the prosecuting attorney of the county in which the
court is located of the request to expunge records related to a
collateral action and set the matter for hearing; or
(2) if it conclusively appears from the court's records that the
person is entitled to expungement as described in subsection (c),
order the records expunged without a hearing.
(c) The circuit or superior court in the county in which the collateral
action was adjudicated or conducted shall order records of the
collateral action expunged (for an expungement granted under sections
1 through 3 of this chapter) or marked as expunged (for an
expungement granted under sections 4 through 5 of this chapter),
unless the court finds that the collateral action does not relate to the
expunged arrest or conviction.
(d) A request to expunge records of a collateral action may be made
at any time after the original expungement order is issued.
(e) A request to expunge records shall be filed under the cause
number of the collateral action, if applicable. A person who requests
expungement of records of a collateral action under this section is not
required to pay a filing fee, even if the request is filed under a new
cause of action.

Legislative History

As added by P.L.55-2020, SEC.10.