Indiana § 35-38-9-4 - Expunging certain less serious felony convictions

§ 35-38-9-4. Expunging certain less serious felony convictions

Sec. 4. (a) Except as provided in subsection (b) and section 8.5 of this chapter, 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 following:

(1) An elected official, or an elected or appointed judicial officer, convicted of an offense while serving the person'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 a felony that resulted in death to another person.

(5) A person convicted of official misconduct (IC 35-44.1-1-1).

(6) A person convicted of an offense described in:

(A) IC 35-42-1, including attempted murder under IC 35-42-1-1;

(B) IC 35-42-3.5, including an attempt to commit the offense; or

(C) IC 35-42-4, including an attempt to commit the offense.

(7) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

(8) A person convicted of unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).

(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 writing to an earlier period, the person convicted of the felony 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 correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;

that relate to the person's felony conviction, including records of a collateral action.

(d) A person who files a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, shall file the petition in a circuit or superior court in the county of conviction.

(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 person;

(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; and

(4) the person has not been convicted of a felony or misdemeanor 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), including any records relating to the conviction and any records concerning a collateral action, marked as expunged in accordance with section 7 of this chapter. A person whose records have been ordered marked as expunged under this section is considered to have had the person's records expunged for all purposes other than the disposition of the records.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.10; P.L.142-2015, SEC.4; P.L.219-2019, SEC.10; P.L.52-2021, SEC.4; P.L.77-2025, SEC.13.