35-38-9-5. Expunging Certain Serious Felony Convictions; Consent of Prosecutor Required
Sec. 5. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies to a person convicted of a felony, including: (1) an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and (2) a person convicted of a felony that […]
35-38-9-6. Effect of Expunging Misdemeanor and Minor Class D and Level 6 Felony Convictions
Sec. 6. (a) If the court orders conviction records, including any records relating to the conviction and any records concerning a collateral action, expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to the specific records expunged by the court: (1) Order: (A) the department of correction; […]
35-38-9-7. Effect of Expunging Serious and Less Serious Felony Convictions
Sec. 7. (a) This section applies only to a person who has filed a petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged. (b) The court records and other public records relating to the arrest, conviction, or sentence of a person whose conviction records, […]
35-38-9-8. Petition to Expunge Conviction Records
Sec. 8. (a) This section applies only to a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, under sections 2 through 5 of this chapter. This section does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile […]
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 […]
35-38-6-9. Application of Chapter to Women Convicted and Sentenced to Death
Sec. 9. The provisions of this chapter in relation to the infliction of the death penalty extend equally, so far as applicable, to the case of any woman convicted and sentenced to death. As added by P.L.311-1983, SEC.3.
35-38-6-10. Suspension of Execution of Sentence When Condemned Woman Is Pregnant; Certification of Physicians
Sec. 10. If the physician of the state prison and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that a condemned woman is pregnant, the warden shall suspend the execution of the sentence. When the state prison physician and one (1) other physician certify in […]
35-38-7-1. Applicability of Chapter
Sec. 1. This chapter applies only to an offense that is any of the following: (1) Murder. (2) A Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014). (3) A Class B felony (for a crime committed before July 1, […]
35-38-7-2. “Dna” Defined
Sec. 2. As used in this chapter, “DNA” refers to deoxyribonucleic acid. As added by P.L.49-2001, SEC.2.