Indiana Code 35-38-9-5. Expunging certain serious felony convictions; consent of prosecutor required
(1) an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and
Terms Used In Indiana Code 35-38-9-5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- collateral action: means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. See Indiana Code 35-38-9-0.5
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) This section does not apply to the following:
(1) A sex or violent offender (as defined in IC 11-8-8-5).
(2) A person convicted of official misconduct (IC 35-44.1-1-1).
(3) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(4) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
(5) A person convicted of a felony that resulted in death to another person.
(c) Not earlier than the later of ten (10) years from the date of conviction, or five (5) years from the completion of the person’s sentence, unless the prosecuting attorney consents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including records contained in:
(1) a court’s files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s felony conviction, including records of a collateral action.
(d) A person who files a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, shall file the petition in a circuit or superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence;
(4) the person has not been convicted of a felony or misdemeanor within the previous ten (10) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c)); and
(5) the prosecuting attorney has consented in writing to the expungement of the person’s criminal records;
the court may order the conviction records described in subsection (c), including any records relating to the conviction and any records concerning a collateral action, marked as expunged in accordance with section 7 of this chapter. A person whose records have been ordered marked as expunged under this section is considered to have had the person’s records expunged for all purposes other than the disposition of the records.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.11; P.L.142-2015, SEC.5; P.L.219-2019, SEC.11; P.L.52-2021, SEC.5.