CRIMINAL LAWAND PROCEDURE
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the sentencing court to expunge all conviction
records, including records contained in:
(1) a court’s files;
(2) the files of the department of correc-
tion;
(3) the files of the bureau of motor vehi-
cles; and
(4) the files of any other person who pro-
vided treatment or services to the peti-
tioning person under a court order;
that relate to the person’s misdemeanor conviction.
(c) A person who files a petition to expunge
conviction records shall file the petition in a cir-
cuit or superior court in the county of convic-
tion.
(d) If the court finds by a preponderance of the
evidence that:
(1) the period required by this section has
elapsed;
(2) no charges are pending against the per-
son;
(3) the person has paid all fines, fees, and
court costs, and satisfied any restitution
obligation placed on the person as part of
the sentence; and
(4) the person has not been convicted of a
crime within the previous five (5) years (or
within a shorter period agreed to by the
prosecuting attorney if the prosecuting
attorney has consented to a shorter period
under subsection (b));
the court shall order the conviction records
described in subsection (b) expunged in accor-
dance with section 6 of this chapter.
35-38-9-3. Expungement; Class D or Level 6
felony conviction.
(a) Except as provided in subsection (b), 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 com-
mitted after June 30, 2014). This section does not
apply to a person if the person’s Class D felony
or Level 6 felony was reduced to a Class A mis-
demeanor.
(b) This section does not apply to the follow-
ing:
(1) An elected official convicted of an
offense while serving the official’s term or
as a candidate for public office.
(2) A sex or violent offender (as defined in
IC 11-8-8-5).
(3) A person convicted of a felony that
resulted in bodily injury to another person.
(4) A person convicted of perjury (IC 35-
44.1-2-1) or official misconduct (IC 35-
44.1-1-1)
(5) A person convicted of an offense
described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(c) Not earlier than eight (8) years after the
date of conviction (unless the prosecuting attor-
ney consents in writing to an earlier period), the
person convicted of the Class D felony or Level
6 felony may petition a court to expunge all con-
viction records, including records contained in:
(1) a court’s files;
(2) the files of the department of correc-
tion;
(3) the files of the bureau of motor vehi-
cles; and
(4) the files of any other person who pro-
vided treatment or services to the peti-
tioning person under a court order;
that relate to the person’s Class D or Level 6
felony conviction.
(d) A person who files a petition to expunge
conviction records shall file the petition in a cir-
cuit or superior court in the county of convic-
tion.
(e) If the court finds by a preponderance of the
evidence that:
(1) the period required by this section has
elapsed;
(2) no charges are pending against the per-
son;
(3) the person has paid all fines, fees, and
court costs and satisfied any restitution
obligation placed on the person as part of
the sentence; and
(4) the person has not been convicted of a
crime within the previous eight (8) years
(or within a shorter period agreed to by the
prosecuting attorney if the prosecuting
attorney has consented to a shorter period
under subsection (c));
