Sec. 7. (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, including any records relating to the conviction and any records concerning a collateral action, 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 suspension.
(c) The state police department, the bureau of motor vehicles, and any other law enforcement agency in possession of records that relate to the conviction, including any records concerning a collateral action, 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. Nothing in this chapter prevents the bureau of motor vehicles from reporting information about a conviction for a violation of a traffic control law to the Commercial Drivers License Information System (CDLIS), in accordance with federal law, even if the conviction has been expunged under section 4 or 5 of this chapter.
(d) If the court issues an order granting a petition for expungement under section 4 or 5 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.
(e) If a court issues an order granting a petition for expungement under sections 4 through 5 of this chapter, the court shall also order any related records described in section 1(h) of this chapter marked as expunged, unless the records described in section 1(h) of this chapter have been ordered marked as expunged under this section.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.13; P.L.142-2015, SEC.7; P.L.198-2016, SEC.672; P.L.219-2019, SEC.13; P.L.14-2022, SEC.3.
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