35-38-9-10. Unlawful Discrimination Against a Person Whose Record Has Been Expunged; Exceptions
Sec. 10. (a) This section does not apply to a person to whom sealed records may be disclosed under section 6(a)(3) of this chapter. With respect to a person seeking employment with a law enforcement agency or a probation or community corrections department, including volunteer employment, subsections (b), (d), (e), and (f) do not apply […]
35-38-9-11. Waiver of Expungement in a Plea Agreement Invalid
Sec. 11. (a) A person may not waive the right to expungement under this chapter as part of a plea agreement. Any purported waiver of the right to expungement in a plea agreement is invalid and unenforceable as against public policy. (b) This section does not prohibit the finding of a waiver of the right […]
35-38-9-12. Penalties for Disclosing an Expunged Conviction
Sec. 12. A criminal history provider (as defined in IC 24-4-18-2) that provides a criminal history report containing an expunged conviction is subject to the penalties described in IC 24-4-18-8. As added by P.L.52-2021, SEC.7.
35-38-10-1. “Trafficked Person”
Sec. 1. As used in this chapter, “trafficked person” means a person who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted. As added by P.L.86-2017, SEC.12. Amended by P.L.142-2020, SEC.61.
35-38-10-2. Vacating Conviction of Trafficked Person; Requirements
Sec. 2. A person who committed an offense that did not result in bodily injury to another person is entitled to have the person’s conviction vacated if the person proves by a preponderance of the evidence that: (1) the person was a trafficked person at the time the person committed the offense; (2) the offense […]
35-38-10-3. Postconviction Relief Available to Vacate Conviction of Certain Trafficked Persons
Sec. 3. A person may bring an action to enforce the right described in section 2 of this chapter in accordance with the Indiana rules of postconviction relief. As added by P.L.86-2017, SEC.12.
35-38-7-14. Preservation of Biological Evidence if a Petition for DNA Testing Is Filed; Preservation of Biological Evidence Following a Vacated Conviction
Sec. 14. (a) If a petition for DNA testing and analysis is filed under this chapter: (1) except as provided in IC 35-33-5-5(g), the court shall order the state to preserve during the pendency of the proceeding all evidence in the state’s possession or control that could be subjected to DNA testing and analysis for […]
35-38-9-8.5. Expungement of Certain Offenses Punishable by an Indeterminate Sentence
Sec. 8.5. (a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50. (b) If the offense for which the person was convicted is a misdemeanor at the time the person files the petition for expungement, the person may file […]
35-38-7-15. Discretionary Orders by Court; Elimination Samples
Sec. 15. (a) The court may make any other orders under this chapter that the court considers appropriate, including designating any of the following: (1) The type of DNA testing and analysis to be used. (2) That the DNA testing and analysis satisfies the pertinent evidentiary rules concerning the admission of scientific evidence or testimony […]
35-38-9-9. Duties of Court in Ruling on Expungement Petitions
Sec. 9. (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 […]