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.
35-38-9-10. 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 […]
35-38-7-18. Unfavorable Results of Postconviction Testing
Sec. 18. If the results of the postconviction DNA testing and analysis are not favorable to the person who was convicted of the offense, the court: (1) shall dismiss the person’s petition; and (2) may make any further orders that the court determines to be appropriate, including any of the following: (A) An order providing […]
35-38-7-19. Favorable Results of Postconviction Testing
Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following: (1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the […]
35-38-9-0.5. “Collateral Action”
Sec. 0.5. As used in this chapter, “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. The term includes a proceeding or action concerning a seizure, a civil forfeiture, and […]
35-38-9-0.6. Effect of Chapter; Supplemental Order of Expungement Due to Change in Laws
Sec. 0.6. (a) This chapter does not require any change or alteration in the following: (1) An internal record made by a: (A) law enforcement agency; or (B) public defender agency; that is not intended for release to the public. (2) A nonpublic record that relates to a diversion or deferral program. (3) A disciplinary […]