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.
35-38-9-8.5. 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 […]
35-38-9-9. 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 […]
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 […]
35-38-9-0.5. “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 […]
35-38-9-1. Expunging Arrest Records
Sec. 1. (a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if: (1) the arrest, criminal charge, or juvenile delinquency allegation: (A) did not result in a conviction or juvenile adjudication, even if the arrest, criminal charge, or juvenile delinquency allegation […]
35-38-9-2. Expunging Misdemeanor Convictions
Sec. 2. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a […]