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 delinquency allegation under section 1 of this chapter.

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Terms Used In Indiana Code 35-38-9-8

  • Allegation: something that someone says happened.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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. See Indiana Code 35-38-9-0.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
     (b) Any person may seek an expungement under sections 2 through 5 of this chapter by filing a verified petition for expungement. The petition must include the following:

(1) The petitioner’s full name and all other legal names or aliases by which the petitioner is or has been known.

(2) The petitioner’s date of birth.

(3) The petitioner’s addresses from the date of the offense to the date of the petition.

(4) The case number or court cause number, if available.

(5) The petitioner shall affirm that no criminal investigation or charges are pending against the petitioner.

(6) The petitioner shall affirm that the petitioner has not committed another felony or misdemeanor within the period required for expungement.

(7) The petitioner shall list all convictions, all collateral actions, the cause number of each conviction, if known, the date of the conviction, and any appeals from the conviction and the date any appellate opinion was handed down, if applicable.

(8) The petitioner shall include:

(A) the petitioner’s Social Security number;

(B) the petitioner’s driver’s license number;

(C) the date of the petitioner’s arrest, if applicable; and

(D) the date on which the petitioner was convicted.

(9) The petitioner shall affirm that the required period has elapsed or attach a copy of the prosecuting attorney‘s written consent to a shorter period.

(10) The petitioner shall describe any other petitions that the petitioner has filed under this chapter.

(11) For a petition filed under section 5 of this chapter, the petitioner shall attach a copy of the prosecuting attorney’s written consent.

     (c) The petitioner may include any other information that the petitioner believes may assist the court.

     (d) A person who files a petition under this section is required to pay the filing fee required in civil cases. The court may reduce or waive this fee if the person is indigent.

     (e) The petitioner shall serve a copy of the petition upon the prosecuting attorney in accordance with the Indiana Rules of Trial Procedure.

     (f) The prosecuting attorney shall inform the victim of the victim’s rights under IC 35-40-6 by contacting the victim at the victim’s last known address. However, if a court has no discretion in granting an expungement petition under this chapter, the prosecuting attorney is not required to inform the victim of the victim’s rights under this subsection.

     (g) The prosecuting attorney shall reply to the petition not later than thirty (30) days after receipt. If the prosecuting attorney fails to timely reply to the petition:

(1) the prosecuting attorney has waived any objection to the petition; and

(2) the court shall proceed to consider the petition under section 9 of this chapter.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.14; P.L.142-2015, SEC.8; P.L.219-2019, SEC.14; P.L.52-2021, SEC.6.

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