Sec. 3. (a) Except as provided in subsection (b) and
section 8.5 of this chapter, this section applies only to a person
convicted of 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).
This section does not apply to a person if the person's Class D felony
or Level 6 felony was reduced to a Class A misdemeanor.
(b) This section does not apply to the following:
(1) An elected official, or an elected or appointed judicial officer,
convicted of an offense while serving the person's term or as a
candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in bodily injury to
another person.
(4) A person convicted of perjury (IC 35-44.1-2-1) or official
misconduct (IC 35-44.1-1-1).
(5) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(6) 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.
(c) Not earlier than eight (8) years after the date of conviction
(unless the prosecuting attorney consents in writing to an earlier
period), the person convicted of the Class D felony or Level 6 felony
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 Class D or Level 6 felony 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 felony or misdemeanor
within the previous eight (8) 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.9; P.L.142-2015, SEC.3; P.L.219-2019, SEC.9; P.L.52-2021,
SEC.3; P.L.77-2025, SEC.12.
Notes of Decisions
Michael Kevin Mallory v. State of Indiana, 15 N.E.3d 112 (Ind. Ct. App. 2014).
· cites it 20× “Finding the language of Indiana Code sections 35-38-9-3 and 35-38-9-9 to be in conflict, the trial court concluded that it had discretion to deny Mallory’s petition for expungement.”
David Lee Marshall v. State of Indiana, 52 N.E.3d 41 (Ind. Ct. App. 2016).
· cites it 6× “Discussion and Decision Marshall argues that the trial court erroneously denied his petition for ex-pungement because he met the statutory requirements under Indiana Code Sections 35-38-9-3 (Class D or Level 6 felony) and 35-38-9-2 (misdemeanor) and he is entitled- to…”
Naveed Gulzar v. State of Indiana (Ind. Ct. App. 2019).
· cites it 7× “He further notes that because twelve years have passed since his 2006 judgment of conviction, he would have met all the statutory provisions for expungement of class D felony conviction records under Section 35-38-9-3, including its eight-year waiting period.”
Brian J. Allen v. State of Indiana (Ind. Ct. App. 2020).
· cites it 4× “The trial court apparently held,9 and 8 Indiana Code Section 35-38-9-3 governs expungement for Class D or Level 6 felons.”
Brian J. Allen v. State of Indiana (Ind. 2020).
· cites it 4× “However, the Court of Appeals has addressed a similar situation with reference to mandatory expungements under Indiana Code section 35-38-9-3 (the Mandatory Expungement Statute).”
Charles Holmes v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 2× “Indiana Code section 35-38-9-3(b)(3) states that expungement of a Class Court of Appeals of Indiana | Memorandum Decision 18A-XP-1316 | February 27, 2019 Page 3 of 5 D felony conviction is not available for “[a] person convicted of a felony that resulted in bodily injury to…”
N.G. v. State of Indiana (Ind. 2020).
· cites it 2× “This incongruity is one that the panel urged our legislature to address.”
— Ind. Code § 35-38-9-3(b) — 2 cases
— Ind. Code § 35-38-9-3(b)(3) — 3 cases
Charles Holmes v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
“Indiana Code section 35-38-9-3(b)(3) states that expungement of a Class Court of Appeals of Indiana | Memorandum Decision 18A-XP-1316 | February 27, 2019 Page 3 of 5 D felony conviction is not available for “[a] person convicted of a felony that resulted in bodily injury to…”
Brian J. Allen v. State of Indiana (Ind. 2020).
“However, the Court of Appeals has addressed a similar situation with reference to mandatory expungements under Indiana Code section 35-38-9-3 (the Mandatory Expungement Statute).”
— Ind. Code § 35-38-9-3(c) — 2 cases
Naveed Gulzar v. State of Indiana (Ind. Ct. App. 2019).
“He further notes that because twelve years have passed since his 2006 judgment of conviction, he would have met all the statutory provisions for expungement of class D felony conviction records under Section 35-38-9-3, including its eight-year waiting period.”
— Ind. Code § 35-38-9-3(d) — 1 case
David Lee Marshall v. State of Indiana, 52 N.E.3d 41 (Ind. Ct. App. 2016).
“Discussion and Decision Marshall argues that the trial court erroneously denied his petition for ex-pungement because he met the statutory requirements under Indiana Code Sections 35-38-9-3 (Class D or Level 6 felony) and 35-38-9-2 (misdemeanor) and he is entitled- to…”
— Ind. Code § 35-38-9-3(e) — 5 cases
Michael Kevin Mallory v. State of Indiana, 15 N.E.3d 112 (Ind. Ct. App. 2014).
“Finding the language of Indiana Code sections 35-38-9-3 and 35-38-9-9 to be in conflict, the trial court concluded that it had discretion to deny Mallory’s petition for expungement.”
David Lee Marshall v. State of Indiana, 52 N.E.3d 41 (Ind. Ct. App. 2016).
“Discussion and Decision Marshall argues that the trial court erroneously denied his petition for ex-pungement because he met the statutory requirements under Indiana Code Sections 35-38-9-3 (Class D or Level 6 felony) and 35-38-9-2 (misdemeanor) and he is entitled- to…”
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