CRIMINAL LAWAND PROCEDURE
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35-38-9-11. Waiver of expungement in plea agreement
prohibited.
35-38-9-1. Expungement of arrest records.
(a) This section applies only to a person who
has been arrested if:
(1) the arrest:
(A)did not result in a conviction or
juvenile adjudication; or
(B) resulted in a conviction or juvenile
adjudication and the conviction or
adjudication was vacated on appeal;
and
(2) the person is not currently participat-
ing in a pretrial diversion program.
(b) Not earlier than one (1) year after the date
of arrest, if the person was not convicted or adju-
dicated a delinquent child, or the date of the opin-
ion vacating the conviction or adjudication
becomes final (unless the prosecuting attorney
agrees in writing to an earlier time), the person
may petition the court for expungement of the
records related to the arrest.
(c) A petition for expungement of records
must be verified and filed in the court in which the
charges were filed, or if no criminal charges were
filed, in a court with criminal jurisdiction in the
county where the arrest occurred. The petition
must set forth:
(1) the date of the arrest;
(2) the county in which the arrest occurred;
(3) the law enforcement agency employ-
ing the arresting officer, if known;
(4) any other known identifying informa-
tion, such as the name of the arresting offi-
cer, case number, or court cause number;
(5) the date of the petitioner’s birth; and
(6) the petitioner’s Social Security num-
ber.
(d) The court shall serve a copy of the petition
on the prosecuting attorney.
(e) Upon receipt of a petition for expunge-
ment, the court:
(1) may summarily deny the petition if
the petition does not meet the require-
ments of this section, or if the statements
contained in the petition indicate that the
petitioner is not entitled to relief; and
(2) shall grant the petition unless:
(A)the conditions described in sub-
section (a) have not been met; or
(B) criminal charges are pending
against the person.
(f) Whenever the petition of a person under
this section is granted, no information concerning
the arrest may be placed or retained in any state
central depository for criminal history information
or in any other alphabetically arranged criminal
history information system maintained by a local,
regional, or statewide law enforcement agency.
However, this chapter does not require any change
or alteration in:
(1) any internal record made by a law
enforcement agency at the time of the
arrest and not intended for release to the
public;
(2) the record of any court in which the
criminal charges were filed; or
(3) records that relate to a diversion or
deferral program.
(g) If a person whose records are expunged
brings an action that might be defended with the
contents of the expunged records, the defendant
is presumed to have a complete defense to the
action. In order for the plaintiff to recover, the
plaintiff must show that the contents of the
expunged records would not exonerate the defen-
dant. The plaintiff may be required to state under
oath whether the plaintiff had records in the crim-
inal justice system and whether those records
were expunged. If the plaintiff denies the existence
of the records, the defendant may prove their
existence in any manner compatible with the law
of evidence.
35-38-9-2. Expungement; misdemeanor
conviction.
(a) This section applies only to a person con-
victed 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 misdemeanor.
(b) Not earlier than five (5) years after the
date of conviction (unless the prosecuting attor-
ney consents in writing to an earlier period), the
person convicted of the misdemeanor may petition
