Sec. 2. (a) Except as provided in subsection (b) and
section 8.5 of this chapter, this section applies only to a person
convicted of a misdemeanor, including a Class D felony (for a crime
committed before July 1, 2014) or a Level 6 felony (for a crime
committed after June 30, 2014) reduced to a misdemeanor.
(b) This section does not apply to the following:
(1) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal
conduct.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(c) Not earlier than five (5) years after the date of conviction (unless
the prosecuting attorney consents in writing to an earlier period) for the
misdemeanor or the felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7, the person convicted of the misdemeanor
or the felony reduced to a misdemeanor may petition a court to
expunge all conviction records, including records contained in:
(1) a court's files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or
services to the petitioning person under a court order;
that relate to the person's misdemeanor conviction, including records
of a collateral action.
(d) A person who files a petition to expunge conviction records,
including any records relating to the conviction and any records
concerning a collateral action, shall file the petition in a circuit or
superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and
satisfied any restitution obligation placed on the person as part of
the sentence; and
(4) the person has not been convicted of a crime within the
previous five (5) years (or within a shorter period agreed to by the
prosecuting attorney if the prosecuting attorney has consented to
a shorter period under subsection (c));
the court shall order the conviction records described in subsection (c),
including any records relating to the conviction and any records
concerning a collateral action, expunged in accordance with section 6
of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014,
SEC.8; P.L.142-2015, SEC.2; P.L.95-2017, SEC.2; P.L.219-2019,
SEC.8; P.L.55-2020, SEC.9.
Notes of Decisions
Jason Taylor v. State of Indiana, 7 N.E.3d 362 (Ind. Ct. App. 2014).
· cites it 40× “Taylor appeals the denial of his petition for ex-pungement under Indiana Code section 35-38-9-2. Although Taylor met all of the requirements in Indiana Code section 35-38-9-2(d), the trial court denied Taylor’s petition for expungement.”
Craig Alvey v. State of Indiana, 15 N.E.3d 72 (Ind. Ct. App. 2014).
· cites it 12× “On July 2, 2013, Alvey filed a petition to expunge the records of his now Class A misdemeanor conviction, but the trial court denied this petition because Alvey had not met all the requirements of the version of Indiana Code section 35-38-9-2 in effect at that time governing…”
J.B. v. State of Indiana, 27 N.E.3d 336 (Ind. Ct. App. 2015).
· cites it 12× “He clarified that his expungement petition was filed pursuant to Indiana Code section 35-38-9-2 in order to have the records of his conviction — not arrest — expunged.”
Craig Alvey v. State of Indiana, 10 N.E.3d 1031 (Ind. Ct. App. 2014).
· cites it 6× “Ind.Code § 35-38-9-2 (emphasis added). 1 Here, Alvey claims that he met all of the requirements set forth in subsection (d) of the expungement statute and that the trial court was therefore required to expunge the records of his conviction.”
Jereme Lee Wall v. Alfred H. Plummer, III, 13 N.E.3d 420 (Ind. Ct. App. 2014).
· cites it 4× “We recently addressed similar arguments regarding a similar ex-pungement statute for misdemeanor convictions, Indiana Code Section 35-38-9-2, in Alvey v. State, 10 N.”
Austin G. Pittman v. State of Indiana, 9 N.E.3d 179 (Ind. Ct. App. 2014).
· cites it 4× “” I.C. § 35-38-9-2(d)(4) (emphasis added). Pittman notes that current Subsection 35-38-9-2(d)(4) and former Subsection 35-38-8-4(3) contain similar language but that Subsection 9(2)(d)(4) contains the additional language, “including any term of supervised release.”
D.A. v. State of Indiana, 58 N.E.3d 169 (Ind. 2016).
· cites it 2× “I.C. §§ 35-38-9-2 to -5, The ex-pungement statutes, then, contemplate the expungement of records only from arrests, criminal charges, delinquency allegations, and criminal convictions.”
In the Matter of the Expungement of J.S.: State of Indiana v. J.S., 48 N.E.3d 356 (Ind. Ct. App. 2015).
· cites it 4× “: Ind.Code § 35-38-9-2. [13] Indiana Code section 35-38-9-6 further provided, in relevant part, that: (a) If the court orders conviction records expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to- the specific records expunged…”
Michael Damien Howell v. State of Indiana, 97 N.E.3d 253 (Ind. Ct. App. 2018).
“" We also note that Indiana Code Sections 35-38-9-2 and -5 refer to "the same episode of criminal conduct" but do not cite the definition in Section 35-50-1-2(b) or provide an independent definition.”
— Ind. Code § 35-38-9-2(a) — 1 case
— Ind. Code § 35-38-9-2(b) — 2 cases
J.B. v. State of Indiana, 27 N.E.3d 336 (Ind. Ct. App. 2015).
“He clarified that his expungement petition was filed pursuant to Indiana Code section 35-38-9-2 in order to have the records of his conviction — not arrest — expunged.”
— Ind. Code § 35-38-9-2(c) — 2 cases
— Ind. Code § 35-38-9-2(d) — 5 cases
Jason Taylor v. State of Indiana, 7 N.E.3d 362 (Ind. Ct. App. 2014).
“Taylor appeals the denial of his petition for ex-pungement under Indiana Code section 35-38-9-2. Although Taylor met all of the requirements in Indiana Code section 35-38-9-2(d), the trial court denied Taylor’s petition for expungement.”
Craig Alvey v. State of Indiana, 15 N.E.3d 72 (Ind. Ct. App. 2014).
“On July 2, 2013, Alvey filed a petition to expunge the records of his now Class A misdemeanor conviction, but the trial court denied this petition because Alvey had not met all the requirements of the version of Indiana Code section 35-38-9-2 in effect at that time governing…”
J.B. v. State of Indiana, 27 N.E.3d 336 (Ind. Ct. App. 2015).
“He clarified that his expungement petition was filed pursuant to Indiana Code section 35-38-9-2 in order to have the records of his conviction — not arrest — expunged.”
— Ind. Code § 35-38-9-2(d)(4) — 1 case
Austin G. Pittman v. State of Indiana, 9 N.E.3d 179 (Ind. Ct. App. 2014).
“” I.C. § 35-38-9-2(d)(4) (emphasis added). Pittman notes that current Subsection 35-38-9-2(d)(4) and former Subsection 35-38-8-4(3) contain similar language but that Subsection 9(2)(d)(4) contains the additional language, “including any term of supervised release.”
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