Terms Used In Indiana Code 35-38-9-6
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. 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.
- Defense attorney: Represent defendants in criminal matters.
- 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.
- Felony: A crime carrying a penalty of more than a year in prison.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(B) the bureau of motor vehicles; and
(i) law enforcement agency; and
(ii) other person;
who incarcerated, prosecuted, provided treatment for, or provided other services for the person under an order of the court;
to prohibit the release of the person’s records or information in the person’s records to anyone without a court order, other than a law enforcement officer acting in the course of the officer’s official duty.
(2) Order the central repository for criminal history information maintained by the state police department to seal the person’s expunged conviction records, including information related to:
(A) an arrest or offense:
(i) in which no conviction was entered; and
(ii) that was committed as part of the same episode of criminal conduct as the case ordered expunged; and
(B) any other references to any matters related to the case ordered expunged, including in a collateral action.
This subdivision does not require the state police department to seal any record the state police department does not have legal authority to seal.
(3) Records sealed under subdivision (2) may be disclosed only to:
(A) a prosecuting attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the official duties of the prosecuting attorney;
(B) a defense attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the professional duties of the defense attorney;
(C) a probation department, if:
(i) authorized by a court order; and
(ii) necessary to prepare a presentence report;
(D) the Federal Bureau of Investigation and the Department of Homeland Security, if disclosure is required to comply with an agreement relating to the sharing of criminal history information;
(i) supreme court;
(ii) members of the state board of law examiners;
(iii) executive director of the state board of law examiners; and
(iv) employees of the state board of law examiners, in accordance with rules adopted by the state board of law examiners;
for the purpose of determining whether an applicant possesses the necessary good moral character for admission to the bar;
(F) a person required to access expunged records to comply with the Secure and Fair Enforcement for Mortgage Licensing Act (12 U.S.C. 5101 et seq.) or regulations adopted under the Secure and Fair Enforcement for Mortgage Licensing Act; and
(G) the bureau of motor vehicles, the Federal Motor Carrier Administration, and the Commercial Drivers License Information System (CDLIS), if disclosure is required to comply with federal law relating to reporting a conviction for a violation of a traffic control law.
(4) Notify the clerk of the supreme court to seal any records in the clerk’s possession that relate to the conviction, including any records concerning a collateral action.
A probation department may provide an unredacted version of a presentence report disclosed under subdivision (3)(C) to any person authorized by law to receive a presentence report.
(b) Except as provided in subsection (c), if a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, is granted under sections 2 through 3 of this chapter, the records of:
(1) the sentencing court;
(2) a court that conducted a collateral action;
(3) a juvenile court;
(4) a court of appeals; and
(5) the supreme court;
concerning the person shall be permanently sealed. However, a petition for expungement granted under sections 2 through 3 of this chapter does not affect an existing or pending driver’s license suspension.
(c) If a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, is granted under sections 2 through 3 of this chapter with respect to the records of a person who is named as an appellant or an appellee in an opinion or memorandum decision by the supreme court or the court of appeals, or who is identified in a collateral action, the court shall:
(1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the petitioner’s name (in the same manner that opinions involving juveniles are redacted); and
(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.
The supreme court and court of appeals are not required to destroy or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner’s name.
(d) Notwithstanding subsection (b), a prosecuting attorney may submit a written application to a court that granted an expungement petition under this chapter to gain access to any records that were permanently sealed under subsection (b), if the records are relevant in a new prosecution of the person. If a prosecuting attorney who submits a written application under this subsection shows that the records are relevant for a new prosecution of the person, the court that granted the expungement petition shall:
(1) order the records to be unsealed; and
(2) allow the prosecuting attorney who submitted the written application to have access to the records.
If a court orders records to be unsealed under this subsection, the court shall order the records to be permanently resealed at the earliest possible time after the reasons for unsealing the records cease to exist. However, if the records are admitted as evidence against the person in a new prosecution that results in the person’s conviction, or are used to enhance a sentence imposed on the person in a new prosecution, the court is not required to reseal the records.
(e) If a person whose conviction records, including any records relating to the conviction and any records concerning a collateral action, are expunged under sections 2 through 5 of this chapter is required to register as a sex offender based on the commission of a felony which has been expunged:
(1) the expungement does not affect the operation of the sex offender registry web site, any person’s ability to access the person’s records, records required to be maintained concerning sex or violent offenders, or any registration requirement imposed on the person; and
(2) the expunged conviction records must be clearly marked as expunged on the sex offender registry web site.
(f) Expungement of a crime of domestic violence under section 2 of this chapter does not restore a person’s right to possess a firearm. The right of a person convicted of a crime of domestic violence to possess a firearm may be restored only in accordance with IC 35-47-4-7.
(g) If a court issues an order granting a petition for expungement under sections 2 through 3 of this chapter, the court shall also order any related records described in section 1(f) of this chapter sealed or redacted in the manner described in section 1 of this chapter, unless the records described in section 1(f) of this chapter have been ordered sealed and redacted under this section.
(h) If the court issues an order granting a petition for expungement under sections 2 through 3 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.12; P.L.142-2015, SEC.6; P.L.198-2016, SEC.671; P.L.219-2019, SEC.12.