Ind. Code » Title 35
Indiana Code

Ind. Code § 35-38-9-10 (2026)

Unlawful discrimination against a person whose record has been expunged; exceptions

✓ current as of May 2026
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     Sec. 10. (a) This section does not apply to a person to whom sealed records may be disclosed under section 6(a)(3) of this chapter. With respect to a person seeking employment with a law enforcement agency or a probation or community corrections department, including volunteer employment, subsections (b), (d), (e), and (f) do not apply to the law enforcement agency or the probation or community corrections department.

     (b) It is unlawful discrimination for any person to:

(1) suspend;

(2) expel;

(3) refuse to employ;

(4) refuse to admit;

(5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or

(6) otherwise discriminate against;

any person because of a conviction or arrest record expunged or sealed under this chapter.

     (c) Except as provided in section 6(f) of this chapter, the civil rights of a person whose conviction has been expunged shall be fully restored, including the right to vote, to hold public office, to be a proper person under IC 35-47-1-7(2), and to serve as a juror.

     (d) In any application for employment, a license, or other right or privilege, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests, such as: "Have you ever been arrested for or convicted of a crime that has not been expunged by a court?".

     (e) A person whose record is expunged shall be treated as if the person had never been convicted of the offense. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction:

(1) may be considered by the court in determining the sentence imposed for the new offense;

(2) is a prior unrelated conviction for purposes of:

(A) a habitual offender enhancement; and

(B) enhancing the new offense based on a prior conviction; and

(3) may be admitted as evidence in the proceeding for a new offense as if the conviction had not been expunged.

     (f) Any person that discriminates against a person as described in subsection (b) commits a Class C infraction and may be held in contempt by the court issuing the order of expungement or by any other court of general jurisdiction. Any person may file a written motion of contempt to bring an alleged violation of this section to the attention of a court. In addition, the person is entitled to injunctive relief.

     (g) In any judicial or administrative proceeding alleging negligence or other fault, an order of expungement may be introduced as evidence of the person's exercise of due care in hiring, retaining, licensing, certifying, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the order of expungement was issued.

     (h) A conviction, including any records relating to the conviction and any records concerning a collateral action, that has been expunged under this chapter is not admissible as evidence in an action for negligent hiring, admission, or licensure against a person or entity who relied on the order.

     (i) An expungement case, and all documents filed in the case, becomes confidential when the court issues an expungement order. However, until the court issues an expungement order, documents filed in the case are not confidential, and any hearing held in the case shall be open.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.16; P.L.142-2015, SEC.11; P.L.219-2019, SEC.16; P.L.55-2020, SEC.11; P.L.14-2022, SEC.4.

 

Notes of Decisions
Cited in 14 cases (6 in the last 5 years), 2015–2026 · leading case: In re the Expungement/Sealing of Records of H.M. v. State of Indiana & Marion Cnty. Sheriff, 65 N.E.3d 1054 (Ind. Ct. App. 2016).
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In re the Expungement/Sealing of Records of H.M. v. State of Indiana & Marion Cnty. Sheriff, 65 N.E.3d 1054 (Ind. Ct. App. 2016). · cites it 26× “The anti-discrimination provisions of Section 35-38-9-10 expressly contemplate the possibility that someone might be asked about an expunged criminal history and limit the scope of that inquiry.”
D.A. v. State of Indiana, 58 N.E.3d 169 (Ind. 2016). · cites it 2× “I.C. § 35-38-9-10(b). But a policy of second chances does not allow us to expand Indiana’s expungement law to cover any record with some nexus to a criminal conviction.”
D.A. v. State of Indiana, 49 N.E.3d 580 (Ind. Ct. App. 2015). · cites it 12× “I.C. § 35-38-9-10 (emphasis added). [11] The first question we must consider is whether our expungement statutes are ambiguous with respect to the scope of the records to be expunged.”
Alvarez v. Williams, 2014 IL App (1st) 133443 (Ill. App. Ct. 2015). “See Ind. Code Ann. § 35-38-9-10 (West 2012). ¶4 ANALYSIS ¶5 Defendant first contends that the trial court erred in granting summary judgment because he is statutorily qualified to seek and hold public office under the Illinois Election Code (10 ILCS 5/1-1 et seq.”
Brooks-Albrechtsen v. City of Indianapolis, 681 F. App'x 515 (7th Cir. 2017). “Earlier in 2014 the plaintiff had persuaded the Ohio trial court to seal its records of the misdemean- or conviction, and he accused the detective of violating an antidiscrimination provision in Indiana’s expungement statute, Ind. Code § 35-38-9-10 (b)(3), by investigating him…”
In Re: The Matter of the Petition to Expunge Conviction Records of James D. Borel v. State of Indiana, 44 N.E.3d 791 (Ind. Ct. App. 2015). · cites it 2× “To the contrary, a 2015 amendment to Indiana Code section 35-38-9-10 provides that documents filed in expungement cases are not confidential until and unless the court grants the petition for expungement, 2015 Ind.”
Rory Kerwood v. Elkhart Cnty. Sheriff's Dep't (Ind. Ct. App. 2024). · cites it 14× “Code § 35-38-9-10 (b) provides that it is unlawful discrimination for any person to suspend, expel, refuse to employ, refuse to admit, refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession, or otherwise…”
Indiana Law Enf't Training Bd. v. R L (Ind. Ct. App. 2024). · cites it 6× “Whereas the anti-discrimination statute broadly prohibits anyone from using an Court of Appeals of Indiana | Opinion 23A-XP-144 | February 2, 2024 Page 5 of 8 expunged record to discriminate against a person, see Ind. Code § 35-38-9-10 , the licensing statute creates an…”
Indiana Law Enf't Training Bd. v. R L (Ind. 2024). · cites it 4× “§ 35-38-9-10, and the declaratory-judgment act, id.”
Williams v. Cook Cnty. Officers Electoral Bd., 2015 IL App (1st) 150568 (Ill. App. Ct. 2015). “See Ind. Code Ann. § 35-38-9-10 (West 2012). Thereafter, we affirmed the trial court without considering whether petitioner was eligible to seek legislatively elected office in the future.”
Williams v. Cook Cnty. Officers Electoral Bd., 2015 IL App (1st) 150568 (Ill. App. Ct. 2015). “See Ind. Code Ann. § 35-38-9-10 (West 2012). Thereafter, we affirmed the 2 No.”
CHINS: K.C. v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024). · cites it 2× “2022) (observing that Indiana Code section 35-38-9-10, the “anti-discrimination statute” only pertains to consideration of an expunged conviction .”
Show all 14 citing cases →
— Ind. Code § 35-38-9-10(b) — 3 cases
In re the Expungement/Sealing of Records of H.M. v. State of Indiana & Marion Cnty. Sheriff, 65 N.E.3d 1054 (Ind. Ct. App. 2016). “The anti-discrimination provisions of Section 35-38-9-10 expressly contemplate the possibility that someone might be asked about an expunged criminal history and limit the scope of that inquiry.”
D.A. v. State of Indiana, 58 N.E.3d 169 (Ind. 2016). “I.C. § 35-38-9-10(b). But a policy of second chances does not allow us to expand Indiana’s expungement law to cover any record with some nexus to a criminal conviction.”
Indiana Law Enf't Training Bd. v. R L (Ind. Ct. App. 2024). “Whereas the anti-discrimination statute broadly prohibits anyone from using an Court of Appeals of Indiana | Opinion 23A-XP-144 | February 2, 2024 Page 5 of 8 expunged record to discriminate against a person, see Ind. Code § 35-38-9-10 , the licensing statute creates an…”
— Ind. Code § 35-38-9-10(b)(5) — 1 case
Indiana Law Enf't Training Bd. v. R L (Ind. 2024). “§ 35-38-9-10, and the declaratory-judgment act, id.”
— Ind. Code § 35-38-9-10(d) — 1 case
In re the Expungement/Sealing of Records of H.M. v. State of Indiana & Marion Cnty. Sheriff, 65 N.E.3d 1054 (Ind. Ct. App. 2016). “The anti-discrimination provisions of Section 35-38-9-10 expressly contemplate the possibility that someone might be asked about an expunged criminal history and limit the scope of that inquiry.”
— Ind. Code § 35-38-9-10(e) — 1 case
In re the Expungement/Sealing of Records of H.M. v. State of Indiana & Marion Cnty. Sheriff, 65 N.E.3d 1054 (Ind. Ct. App. 2016). “The anti-discrimination provisions of Section 35-38-9-10 expressly contemplate the possibility that someone might be asked about an expunged criminal history and limit the scope of that inquiry.”
— Ind. Code § 35-38-9-10(f) — 3 cases
In re the Expungement/Sealing of Records of H.M. v. State of Indiana & Marion Cnty. Sheriff, 65 N.E.3d 1054 (Ind. Ct. App. 2016). “The anti-discrimination provisions of Section 35-38-9-10 expressly contemplate the possibility that someone might be asked about an expunged criminal history and limit the scope of that inquiry.”
Lalwani (S.D. Ind. 2026).
Indiana Law Enf't Training Bd. v. R L (Ind. 2024). “§ 35-38-9-10, and the declaratory-judgment act, id.”
— Ind. Code § 35-38-9-10(i) — 1 case
D.A. v. State of Indiana, 49 N.E.3d 580 (Ind. Ct. App. 2015). “I.C. § 35-38-9-10 (emphasis added). [11] The first question we must consider is whether our expungement statutes are ambiguous with respect to the scope of the records to be expunged.”
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