Sec. 11. (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.
As added by P.L.181-2014, SEC.17.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 9. Sealing and Expunging Conviction Records
35-38-9-0.5. "Collateral Action"
35-38-9-0.6. Effect of Chapter; Supplemental Order of Expungement Due to Change in Laws
35-38-9-1. Expunging Arrest Records
35-38-9-2. Expunging Misdemeanor Convictions
35-38-9-3. Expunging Minor Class D and Level 6 Felony Convictions
35-38-9-4. Expunging Certain Less Serious Felony Convictions
35-38-9-5. Expunging Certain Serious Felony Convictions; Consent of Prosecutor Required
35-38-9-6. Effect of Expunging Misdemeanor and Minor Class D and Level 6 Felony Convictions
35-38-9-7. Effect of Expunging Serious and Less Serious Felony Convictions
35-38-9-8. Petition to Expunge Conviction Records
35-38-9-8.5. Expungement of Certain Offenses Punishable by an Indeterminate Sentence
35-38-9-9. Duties of Court in Ruling on Expungement Petitions
35-38-9-9.5. Collateral Action in a Different County
35-38-9-10. Unlawful Discrimination Against a Person Whose Record Has Been Expunged; Exceptions
35-38-9-11. Waiver of Expungement in a Plea Agreement Invalid