CRIMINAL LAWAND PROCEDURE
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the court shall order the conviction records
described in subsection (c) expunged in accor-
dance with section 6 of this chapter.
35-38-9-4. Expungement; certain felony
convictions (8 years).
(a) Except as provided in subsection (b), this
section applies only to a person convicted of a
felony who may not seek expungement of that
felony under section 3 of this chapter.
(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 serious bodily injury to another
person.
(4) A person convicted of official mis-
conduct (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 the later of eight (8) years
from the date of conviction, or three (3) years
from the completion of the person’s sentence,
unless the prosecuting attorney consents in writ-
ing to an earlier period, the person convicted of a
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 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 a 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));
the court may order the conviction records
described in subsection (c) marked as expunged
in accordance with section 7 of this chapter. Aper-
son whose records have been ordered marked as
expunged under this section is considered to have
had the person’s records expunged for all pur-
poses other than the disposition of the records.
35-38-9-5. Expungement; certain felony
convictions (10 years).
(a) Except as provided in subsection (b), the
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
resulted in serious bodily injury to another
person.
(b) This section does not apply to the follow-
ing:
(1) A sex or violent offender (as defined in
IC 11-8-8-5).
(2) A person convicted of official mis-
conduct (IC 35-44.1-1-1).
(3) 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 the later of ten (10) years
from the date of conviction, or five (5) years from
the completion of the person’s sentence, unless the
prosecuting attorney consents in writing to an
earlier period, the person convicted of the felony
