CRIMINAL LAWAND PROCEDURE
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lence under section 2 of this chapter does not
restore a person’s right to possess a firearm. The
right of a person convicted of a crime of domes-
tic violence to possess a firearm may be restored
only in accordance with IC 35-47-4-7.
35-38-9-7. Procedure upon expungement;
sections 4 and 5.
(a) This section applies only to a person who
has filed a petition for expungement under section
4 or 5 of this chapter and whose records have
been ordered marked as expunged.
(b) The court records and other public records
relating to the arrest, conviction, or sentence of a
person whose conviction records have been
marked as expunged remain public records.
However, the court shall order that the records be
clearly and visibly marked or identified as being
expunged. A petition for expungement granted
under sections 4 through 5 of this chapter does not
affect an existing or pending driver’s license sus-
pension.
(c) The state police department, the bureau
of motor vehicles, and any other law enforce-
ment agency in possession of records that relate
to the conviction ordered to be marked as
expunged shall add an entry to the person’s record
of arrest, conviction, or sentence in the criminal
history data base stating that the record is marked
as expunged.
35-38-9-8. Petition for expungement; duties
of prosecutor.
(a) This section applies only to a petition to
expunge conviction records under sections 2
through 5 of this chapter. This section does not
apply to a petition to expunge arrest records under
section 1 of this chapter.
(b) Any person may seek an expungement
under sections 2 through 5 of this chapter by fil-
ing a verified petition for expungement. The peti-
tion must include the following:
(1) The petitioner’s full name and any
other legal names or aliases by which the
petitioner is or has been known.
(2) The petitioner’s date of birth.
(3) The petitioner’s addresses from the
date of the offense to the date of the peti-
tion.
(4) A certified copy of petitioner’s records
from the bureau of motor vehicles.
(5) The petitioner shall affirm that no crim-
inal investigation or charges are pending
against the petitioner.
(6) The petitioner shall affirm that the peti-
tioner has not committed another crime
within the period required for expunge-
ment.
(7) The petitioner shall list all convictions
and the date of the conviction, and any
appeals from the conviction and the date
any appellate opinion was handed down,
if applicable.
(8) The petitioner shall affirm that the
required period has elapsed or attach a
copy of the prosecuting attorney’s writ-
ten consent to a shorter period.
(9) The petitioner shall describe any other
petitions that the petitioner has filed under
this chapter.
(10)For a petition filed under section 5 of
this chapter, the petitioner shall attach a
copy of the prosecuting attorney’s writ-
ten consent.
(11)The petitioner shall provide evidence
that the petitioner has paid all fines, fees,
and court costs, and satisfied any restitu-
tion obligation imposed as a part of the sen-
tence.
(c) The petitioner may include any other infor-
mation that the petitioner believes may assist the
court.
(d) The petitioner shall serve a copy of the
petition upon the prosecuting attorney in accor-
dance with the Indiana Rules of Trial Procedure.
(e) The prosecuting attorney shall inform the
victim of the victim’s rights under IC 35-40-6 by
contacting the victim at the victim’s last known
address.
(f) The prosecuting attorney shall reply to the
petition no later than thirty (30) days after receipt.
35-38-9-9. Expungement hearing and order.
(a) If the prosecuting attorney does not object,
the court may grant the petition for expungement
without a hearing.
(b) The court may summarily deny a petition,
if the petition does not meet the requirements of
section 8 of this chapter, or if the statements con-
