CRIMINAL LAWAND PROCEDURE
142
(d) In any application for employment, a
license, or other right or privilege, a person may
be questioned about a previous criminal record
only in terms that exclude expunged convictions
or arrests, such as, “Have you ever been arrested
for or convicted of a crime that has not been
expunged by a court?”.
(e) A person whose record is expunged shall
be treated as if the person had never been con-
victed of the offense. However, upon a subsequent
arrest or conviction for an unrelated offense, the
prior expunged conviction:
(1) may be considered by the court in
determining the sentence imposed for the
new offense;
(2) is a prior unrelated conviction for pur-
poses of:
(A) a habitual offender enhancement;
and
(B) enhancing the new offense based
on a prior conviction; and
(3) may be admitted as evidence in the
proceeding for a new offense as if the con-
viction had not been expunged.
(f) Any person that discriminates against a
person described in subsection (b) commits a
Class C infraction and may be held in contempt
by the court issuing the order of expungement or
by any other court of general jurisdiction. Any per-
son may file a written motion of contempt to
bring an alleged violation of this section to the
attention of the court. In addition, the person is
entitled to injunctive relief.
(g) In any judicial or administrative proceed-
ing alleging negligence or other fault, an order of
expungement may be introduced as evidence of the
person’s exercise of due care in hiring, retaining,
licensing, certifying, admitting to a school or pro-
gram, or otherwise transacting business or engag-
ing in activity with the person to whom the order
of expungement was issued.
(h) Aconviction that has been expunged under
this chapter is not admissible as evidence in an
action for negligent hiring, admission, or licensure
against a person or entity who relied on the order.
(i) A petition for expungement and an order
for expungement are confidential.
35-38-9-11. Waiver of expungement in plea
agreement prohibited.
(a) A person may not waive the right to
expungement under this chapter as part of a plea
agreement. Any purported waiver of the right to
expungement in a plea agreement is invalid and
unenforceable as against public policy.
(b) This section does not prohibit the finding
of a waiver of the right to expungement based on
a failure to comply with the provisions of this
chapter.
ARTICLE 41. GENERAL
SUBSTANTIVE PROVISIONS
Ch. 1.
Jurisdiction.
Ch. 2.
Basis of Liability.
Ch. 3.
Defenses Relating to Culpability.
Ch. 4.
Standard of Proof; Bars to Prosecution.
Ch. 5.
Offenses of General Applicability.
Chapter 1. Jurisdiction.
35-41-1-0.1. Application of amendments.
35-41-1-1.
Jurisdiction.
35-41-1-0.1. Application of amendments.
The addition of section 5.5 [IC 35-41-1-5.5]
of this chapter by P.L. 80-2008 applies only to per-
sons convicted after June 30, 2008.
35-41-1-1. Jurisdiction
(a) As used in this section, “Indiana” includes:
(1) the area within the boundaries of the
state of Indiana, as set forth in Article 14,
Section 1 of the Constitution of the State
of Indiana;
(2) the portion of the Ohio River on which
Indiana possesses concurrent jurisdiction
with the state of Kentucky underArticle 14,
Section 2 of the Constitution of the State
of Indiana;
(3) the portion of the Wabash River on
which Indiana possesses concurrent juris-
diction with the state of Illinois under
Article 14, Section 2 of the Constitution of
the State of Indiana.
(b) A person may be convicted under Indiana
law of an offense if:
(1) either the conduct that is an element of
