CRIMINAL LAWAND PROCEDURE
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may petition a 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 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;
(4) the person has not been convicted of a
crime within the previous ten (10) 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)); and
(5) the prosecuting attorney has consented
in writing to the expungement of the per-
son’s criminal records;
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.
35-38-9-6. Procedure upon expungement;
sections 2 and 3.
(a) If a court orders conviction records
expunged under sections 2 or 3 of this chapter, the
court shall do the following with respect to the spe-
cific records expunged by the court:
(1) Order:
(A) the department of correction;
(B) the bureau of motor vehicles; and
(C) each:
(i) law enforcement agency; and
(ii)other person;
who incarcerated, provided treatment
for, or provided other services for the
person under an order of the court;
to prohibit the release of the person’s
records or information in the person’s
records to anyone without a court order,
other than a law enforcement officer act-
ing in the course of the officer’s official
duty.
(2) Order the central repository for crim-
inal history information maintained by the
state police department to seal the per-
son’s expunged conviction records.
Records sealed under this subdivision may
be disclosed only to:
(A) a prosecuting attorney if:
(i) authorized by a court order;
and
(ii)needed to carry out the official
duties of the prosecuting attorney;
and
(B) a defense attorney, if:
(i) authorized by a court order;
and
(ii)needed to carry out the profes-
sional duties of the defense attor-
ney;
(C) a probation department, if:
(i) authorized by a court order;
and
(ii)necessary to prepare a presen-
tence report;
(D) the Federal Bureau of Investigation
and the Department of Homeland
Security, if disclosure is required to
comply with an agreement relating to
the sharing of criminal history infor-
mation;
(E) the:
(i) supreme court;
(ii) members of the state board of
law examiners;
(iii)executive director of the state
board of law examiners; and
