Ind. Code » Title 11
Indiana Code

Ind. Code § 11-8-8-22 (2026)

Procedure for retroactive application of ameliorative statutes

✓ current as of May 2026
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     Sec. 22. (a) As used in this section, "offender" means a sex offender (as defined in section 4.5 of this chapter) and a sex or violent offender (as defined in section 5 of this chapter).

     (b) Subsection (g) applies to an offender required to register under this chapter if, due to a change in federal or state law after June 30, 2007, an individual who engaged in the same conduct as the offender:

(1) would not be required to register under this chapter; or

(2) would be required to register under this chapter but under less restrictive conditions than the offender is required to meet.

     (c) A person to whom this section applies may petition a court to:

(1) remove the person's designation as an offender and order the department to remove all information regarding the person from the public portal of the sex and violent offender registry website established under IC 36-2-13-5.5; or

(2) require the person to register under less restrictive conditions.

     (d) A petition under this section shall be filed in the circuit or superior court of the county in which the offender resides. If the offender resides in more than one (1) county, the petition shall be filed in the circuit or superior court of the county in which the offender resides the greatest time. If the offender does not reside in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is employed the greatest time. If the offender does not reside or work in Indiana, but is a student in Indiana, the petition shall be filed in the circuit or superior court of the county where the offender is a student. If the offender is not a student in Indiana and does not reside or work in Indiana, the petition shall be filed in the county where the offender was most recently convicted of a crime listed in section 5 of this chapter.

     (e) After receiving a petition under this section, the court may:

(1) summarily dismiss the petition; or

(2) give notice to:

(A) the department;

(B) the attorney general;

(C) the prosecuting attorney of:

(i) the county where the petition was filed;

(ii) the county where offender was most recently convicted of an offense listed in section 5 of this chapter; and

(iii) the county where the offender resides; and

(D) the sheriff of the county where the offender resides;

and set the matter for hearing. The date set for a hearing must not be less than sixty (60) days after the court gives notice under this subsection.

     (f) If a court sets a matter for a hearing under this section, the prosecuting attorney of the county in which the action is pending shall appear and respond, unless the prosecuting attorney requests the attorney general to appear and respond and the attorney general agrees to represent the interests of the state in the matter. If the attorney general agrees to appear, the attorney general shall give notice to:

(1) the prosecuting attorney; and

(2) the court.

     (g) A court may grant a petition under this section if, following a hearing, the court makes the following findings:

(1) The law requiring the petitioner to register as an offender has changed since the date on which the petitioner was initially required to register.

(2) If the petitioner who was required to register as an offender before the change in law engaged in the same conduct after the change in law occurred, the petitioner would:

(A) not be required to register as an offender; or

(B) be required to register as an offender, but under less restrictive conditions.

(3) If the petitioner seeks relief under this section because a change in law makes a previously unavailable defense available to the petitioner, that the petitioner has proved the defense.

The court has the discretion to deny a petition under this section, even if the court makes the findings under this subsection.

     (h) The petitioner has the burden of proof in a hearing under this section.

     (i) If the court grants a petition under this section, the court shall notify:

(1) the victim of the offense, if applicable;

(2) the department of correction; and

(3) the local law enforcement authority of every county in which the petitioner is currently required to register.

     (j) An offender may base a petition filed under this section on a claim that the application or registration requirements constitute ex post facto punishment.

     (k) A petition filed under this section must:

(1) be submitted under the penalties of perjury;

(2) list each of the offender's criminal convictions and state for each conviction:

(A) the date of the judgment of conviction;

(B) the court that entered the judgment of conviction;

(C) the crime that the offender pled guilty to or was convicted of; and

(D) whether the offender was convicted of the crime in a trial or pled guilty to the criminal charges; and

(3) list each jurisdiction in which the offender is required to register as a sex offender or a violent offender.

     (l) The attorney general may initiate an appeal from any order granting an offender relief under this section.

As added by P.L.216-2007, SEC.30. Amended by P.L.103-2010, SEC.2; P.L.214-2013, SEC.13; P.L.1-2025, SEC.160.

 

Notes of Decisions
Cited in 33 cases, 2009–2020 · leading case: Lemmon v. Harris, 949 N.E.2d 803 (Ind. 2011).
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Lemmon v. Harris, 949 N.E.2d 803 (Ind. 2011). · cites it 10× “We note that effective March 24, 2010, an offender may petition a court to remove his or her designation or to make less restrictive his or her registration requirement by filing a petition in the circuit or superior court of the county in which he or she resides under Indiana…”
Flanders v. State, 955 N.E.2d 732 (Ind. Ct. App. 2011). · cites it 14× “The State does not address these arguments, but asserts that the post-conviction court’s denial of these claims was correct because Flanders did not comply with Indiana Code Section 11-8-8-22 (titled “Petition to remove designation or register under less restrictive conditions”).”
Andre Gonzalez v. State of Indiana, 980 N.E.2d 312 (Ind. 2013). · cites it 7× “On January 27, 2011, the defendant, by counsel, filed a “Verified Petition to Remove Sex Offender Designation Pursuant to Ind.Code 11-8-8-22.” Appellant’s App’x at 34.”
Brogan v. State, 925 N.E.2d 1285 (Ind. Ct. App. 2010). · cites it 22× “It is not implausible to consider the Motion as a "petition" filed pursuant to Ind.Code § 11-8-8-22, as enacted in 2007 and revised by 2010 Indiana Legislative Service P.”
Jeremiah Cline v. State of Indiana, 971 N.E.2d 1240 (Ind. Ct. App. 2012). · cites it 36× “Ind. Code § 11-8-8-22 (c)-(d),(g). Cline contends that the foregoing is a statutory codification of Wallace, and must be interpreted so as to not only relieve him of future obligations but also to provide for removal of his name and existing information from the Registry.”
Daniel J. Hollen v. State of Indiana, 994 N.E.2d 1166 (Ind. Ct. App. 2013). · cites it 11× “The letter also attached a document from the Division of State Court Administration which discussed Ind.Code § 11-8-8-22. On October 8, 2012, the case was transferred back to the Perry Circuit Court.”
Lucas v. McDonald, 954 N.E.2d 996 (Ind. Ct. App. 2011). · cites it 8× “[[Image here]] Ind.Code § 11-8-8-22. Lucas’s petition set forth all the necessary elements for a successful petition pursuant to the above statute, as well as the following facts: Lucas had not been arrested for any sex offense, had not failed to register subsequent to his…”
Clampitt v. State, 928 N.E.2d 210 (Ind. Ct. App. 2010). · cites it 12× “Indiana Code Section 11-8-8-22 as amended provides: (a) As used in this section, "offender" means a sex offender (as defined in section 4.”
Cleverly Lockhart v. State of Indiana (mem. dec.), 38 N.E.3d 215 (Ind. Ct. App. 2015). · cites it 6× “[7] Lockhart filed a “Verified Petition to Remove Defendant From Indiana’s Sex Offender Registry” pursuant to Indiana Code section 11-8-8-22 and relying on Wallace.”
Clampitt v. State, 932 N.E.2d 1256 (Ind. Ct. App. 2010). · cites it 13× “Additionally, we advised the trial court in the county where he filed an amended petition to follow the procedures set forth in I.C. § 11-8-8-22. However, after filing his revised petition, the trial court now denied Clampitt's motion based on its perceived lack of jurisdiction…”
State of Indiana v. Scott Zerbe, 50 N.E.3d 368 (Ind. 2016). · cites it 2× “Ind.Code § 11-8-8-22(j). It is the petitioner that bears the burden of proving he is entitled to relief.”
Wiggins v. State, 928 N.E.2d 837 (Ind. Ct. App. 2010). · cites it 12× “Indiana Code Section 11-8-8-22 as amended provides: (a) As used in this section, "offender" means a sex offender (as defined in section 4.”
Show all 33 citing cases →
Ind. Code § 11-8-8-22(1): 1 case
State of Indiana v. Douglas Woods Johnston, 65 N.E.3d 1061 (Ind. Ct. App. 2016).
Ind. Code § 11-8-8-22(c): 3 cases
Greer v. Buss, 918 N.E.2d 607 (Ind. Ct. App. 2009).
In Re State of Ohio Conviction Against Gambler, 939 N.E.2d 1128 (Ind. Ct. App. 2011).
Aaron Ell Reid v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Ind. Code § 11-8-8-22(c)(1): 1 case
Allenn Peterson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Ind. Code § 11-8-8-22(c)(2): 1 case
Allenn Peterson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Ind. Code § 11-8-8-22(d): 4 cases
Clampitt v. State, 928 N.E.2d 210 (Ind. Ct. App. 2010). “Indiana Code Section 11-8-8-22 as amended provides: (a) As used in this section, "offender" means a sex offender (as defined in section 4.”
Wiggins v. State, 928 N.E.2d 837 (Ind. Ct. App. 2010). “Indiana Code Section 11-8-8-22 as amended provides: (a) As used in this section, "offender" means a sex offender (as defined in section 4.”
Kevin A. Ammons v. State of Indiana, 36 N.E.3d 1079 (Ind. Ct. App. 2015).
Stephen W. Peele v. State of Indiana (Ind. Ct. App. 2020).
Ind. Code § 11-8-8-22(e): 5 cases
Clampitt v. State, 932 N.E.2d 1256 (Ind. Ct. App. 2010). “Additionally, we advised the trial court in the county where he filed an amended petition to follow the procedures set forth in I.C. § 11-8-8-22. However, after filing his revised petition, the trial court now denied Clampitt's motion based on its perceived lack of jurisdiction…”
In Re State of Ohio Conviction Against Gambler, 939 N.E.2d 1128 (Ind. Ct. App. 2011).
State of Indiana v. Douglas Woods Johnston, 65 N.E.3d 1061 (Ind. Ct. App. 2016).
Stephen W. Peele v. State of Indiana (Ind. Ct. App. 2020).
Trent Dean McPhearson v. State of Indiana (Ind. Ct. App. 2020).
Ind. Code § 11-8-8-22(g): 2 cases
In Re State of Ohio Conviction Against Gambler, 939 N.E.2d 1128 (Ind. Ct. App. 2011).
State of Indiana v. Douglas Woods Johnston, 65 N.E.3d 1061 (Ind. Ct. App. 2016).
Ind. Code § 11-8-8-22(h): 2 cases
In Re State of Ohio Conviction Against Gambler, 939 N.E.2d 1128 (Ind. Ct. App. 2011).
Trent Dean McPhearson v. State of Indiana (Ind. Ct. App. 2020).
Ind. Code § 11-8-8-22(j): 3 cases
State of Indiana v. Scott Zerbe, 50 N.E.3d 368 (Ind. 2016). “Ind.Code § 11-8-8-22(j). It is the petitioner that bears the burden of proving he is entitled to relief.”
Lemmon v. Harris, 949 N.E.2d 803 (Ind. 2011). “We note that effective March 24, 2010, an offender may petition a court to remove his or her designation or to make less restrictive his or her registration requirement by filing a petition in the circuit or superior court of the county in which he or she resides under Indiana…”
Allenn Peterson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Ind. Code § 11-8-8-22(k): 1 case
In Re State of Ohio Conviction Against Gambler, 939 N.E.2d 1128 (Ind. Ct. App. 2011).
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