Sec. 8.5. (a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50.
(b) If the offense for which the person was convicted is a misdemeanor at the time the person files the petition for expungement, the person may file the petition for expungement under section 2 of this chapter.
(c) If the offense for which the person was convicted:
(1) is a Level 6 felony at the time the person files the petition for expungement; and
(2) is not substantially similar to an offense described in section 3(b) of this chapter;
the person may file the petition under section 3 of this chapter.
(d) If:
(1) the person to whom this chapter applies may not seek expungement under section 3 of this chapter; and
(2) the offense the person seeks to expunge is not substantially similar to an offense described in section 4(b) of this chapter;
the person may file the petition under section 4 of this chapter.
(e) If the offense for which the person was convicted:
(1) is a felony at the time of filing the petition, including a felony described in section 5(a) of this chapter; and
(2) is not substantially similar to an offense described in section 5(b) of this chapter;
the person may file the petition under section 5 of this chapter.
As added by P.L.142-2015, SEC.9.
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