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 […]
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 […]
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 […]
35-38-9-3. Expunging Minor Class D and Level 6 Felony Convictions
Sec. 3. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of 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). This section does not apply to […]
35-38-9-4. Expunging Certain Less Serious Felony Convictions
Sec. 4. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a felony who may not seek expungement of that felony under section 3 of this chapter. (b) This section does not apply to the following: (1) An elected official convicted of […]