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.
Chapter 8. Repealed
Repealed by P.L.159-2013, SEC.3; P.L.109-2015, SEC.51; P.L.109-2015, SEC.52; P.L.109-2015, SEC.53.
35-38-7-16. Notice to Victims and Third Parties
Sec. 16. (a) The prosecuting attorney may provide notification under the procedures of IC 35-40-12 when: (1) the petitioner first files a petition for DNA testing and analysis under this chapter; and (2) the prosecuting attorney knows the name and address of the victim. If the court grants a petition for DNA testing and analysis, […]
35-38-9-9.5. Collateral Action in a Different County
Sec. 9.5. (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 […]
35-38-7-17. Notification of Convicted Person
Sec. 17. Regardless of whether a petition has been filed under this chapter, if: (1) a prosecuting attorney decides to order forensic DNA testing or analysis that was not previously performed on biological evidence that is related to the investigation or prosecution that resulted in a person’s conviction; and (2) the testing will consume the […]