CRIMINAL LAWAND PROCEDURE
141
tained in the petition demonstrate that the petitioner
is not entitled to relief.
(c) If the prosecuting attorney objects to the
petition, the court shall set the matter for hearing
not sooner than sixty (60) days after service of the
petition on the prosecuting attorney.
(d) Avictim of the offense for which expunge-
ment is sought may submit an oral or written
statement in support of or in opposition to the
petition at the time of the hearing. The petitioner
must prove by a preponderance of the evidence
that the facts alleged in the verified petition are
true.
(e) The grant or denial of a petition is an
appealable final order.
(f) If the court grants the petition for expunge-
ment, the court shall issue an order of expunge-
ment as described in sections 6 and 7 of this
chapter.
(g) This subsection applies only to a petition
to expunge conviction records filed under sections
2 through 5 of this chapter. This subsection does
not apply to a petition to expunge arrest records
under section 1 of this chapter. A petitioner may
seek to expunge more than one (1) conviction at
the same time. The petitioner shall consolidate all
convictions that the petitioner wishes to expunge
from the same county in one (1) petition. A peti-
tioner who wishes to expunge convictions from
separate counties must file a petition in each
county in which the conviction was entered.
(h) This subsection applies only to a petition
to expunge conviction records filed under sections
2 through 5 of this chapter. This subsection does
not apply to a petition to expunge arrest records
under section 1 of this chapter. Except as provided
in subsections (i) and (j), a petitioner may file a
petition for expungement only one (1) time dur-
ing the petitioner’s lifetime. For purposes of this
subsection, all petitions for expungement filed in
separate counties for offenses committed in those
counties count as one (1) petition if they are filed
in one (1) three hundred sixty-five (365) day
period.
(i) A petitioner whose petition for expunge-
ment has been denied, in whole in or part, may file
a subsequent petition for expungement with
respect to one (1) or more convictions included in
the initial expungement petition that were not
expunged. However, if the petition was denied due
to the court’s exercise of its discretion under sec-
tion 4 or 5 of this chapter, a subsequent petition
for expungement may be filed only after the elapse
of three (3) years from the date on which the pre-
vious expungement petition was denied. Except
as provided in subsection (j), a subsequent peti-
tion for expungement may not include any con-
viction that was not included in the initial
expungement petition.
(j) A court may permit a petitioner to file a
subsequent petition for expungement with respect
to one (1) or more convictions that were not
included in the initial expungement petition only
if the court finds that:
(1) the petitioner intended in good faith
to comply with subsections (g) and (h);
(2) the petitioner’s failure to comply with
subsections (g) and (h) was due to:
(A) excusable neglect; or
(B) circumsances beyond the peti-
tioner’s control; and
(3) permitting the petitioner to file a sub-
sequent petition for expungement is in the
best interests of justice.
35-38-9-10. Unlawful discrimination; use of
expunged conviction by court.
(a) This section does not apply to a person
whom sealed records may be disclosed under sec-
tion 6(a)(2) of this chapter.
(b) It is unlawful discrimination for any per-
son to:
(1) suspend;
(2) expel;
(3) refuse to employ;
(4) refuse to admit;
(5) refuse to grant or renew a license, per-
mit, or certificate necessary to engage in
any activity, occupation, or profession; or
(6) otherwise discriminate against;
any person because of a conviction or arrest record
expunged or sealed under this chapter.
(c) The civil rights of a person whose con-
viction has been expunged shall be restored,
including the right to vote, to hold public office,
and to serve as a juror.
