CRIMINAL LAWAND PROCEDURE
134
in IC 34-46-4-1 as soon as the court determines
that the notice no longer poses a clear and sub-
stantial threat to the integrity of the criminal inves-
tigation.
TITLE 35
ARTICLE 38. PROCEEDINGS
FOLLOWING DISMISSAL,
VERDICT OR FINDING
[PORTIONS OMITTED]
Ch. 1.
Entry of Judgment and Sentencing
Ch. 9.
Sealing and Expunging Conviction Records.
Chapter 1. Entry of Judgment
and Sentencing
[Portions Omitted]
35-38-1-17. Modification of sentence.
35-38-1-17. Modification of sentence.
(a) This section does not apply to a credit
restricted felon.
(b) Not later than three hundred sixty-five
(365) days after:
(1) a convicted person begins serving the
person’s sentence; and
(2) the court obtains a report from the
department of correction concerning the
person’s conduct while imprisoned;
the court may reduce or suspend the sentence and
impose a sentence that the court was authorized
to impose at the time of sentencing. The court
must incorporate its reasons in the record.
(c) If more than three hundred sixty-five (365)
days have elapsed since the convicted person
began serving the sentence, the court may reduce
or suspend the sentence and impose a sentence that
the court was authorized to impose at the time of
sentencing. The court must incorporate its reasons
in the record.
(d) If the court sets a hearing on a petition
under this section, the court must give notice to the
prosecuting attorney and the prosecuting attorney
must give notice to the victim (as defined in IC 35-
31.5-2-348) of the crime for which the convicted
person is serving the sentence.
(e) The court may suspend a sentence for a
felony under this section only if suspension is
permitted under IC 35-50-2-2.2.
(f) The court may deny a request to suspend
or reduce a sentence under this section without
making written findings and conclusions.
(g) The court is not required to conduct a hear-
ing before reducing or suspending a sentence
under this section if:
(1) the prosecuting attorney has filed with
the court an agreement of the reduction or
suspension of the sentence; and
(2) the convicted person has filed with
the court a waiver of the right to be pres-
ent when the order to reduce or suspend the
sentence is considered.
(h) A convicted person may file a petition for
sentence modification under this section:
(1) not more than one (1) time in any three
hundred sixty-five (365) day period; and
(2) a maximum of two (2) times during
any consecutive period of incarceration.
(i) A person may not waive the right to sen-
tence modification under this section as part of a
plea agreement. Any purported waiver of the
right to a sentence modification under this section
in a plea agreement is invalid and unenforceable
as against public policy. This subsection does not
prohibit the finding of a waiver of the right to a
sentence modification for any other reason, includ-
ing failure to comply with the provisions of this
section.
Chapter 9. Sealing and Expunging
Conviction Records.
35-38-9-1. Expungement of arrest records.
35-38-9-2. Expungement; misdemeanor conviction.
35-38-9-3. Expungement; Class D felony conviction.
35-38-9-4. Expungement; certain felony convictions (8
years).
35-38-9-5. Expungement; certain or Level 6 felony con-
victions (10 years).
35-38-9-6. Procedure upon expungement; sections 2
and 3.
35-38-9-7. Procedure upon expungement; sections 4
and 5.
35-38-9-8 Petition for expungement; duties of prose-
cutor.
35-38-9-9 Expungement hearing and order.
35-38-9-10. Unlawful discrimination; use of expunged
conviction by court.
