Ind. Code § 35-38-9-8 deals with petition to expunge conviction records. The statute says: “(a) This section applies only to a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, under sections 2 through 5 of this chapter.” Ind. Code § 35-38-9-1 is the arrest-record petition. Ind. Code § 35-38-9-8 is the conviction petition.
Indiana uses Ind. Code § 35-38-9-6 for what the order does. Read it for what a granted order changes. The statute says: “(a) If the court orders conviction records, including any records relating to the conviction and any records concerning a collateral action, expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to the specific records…”
What an order changes
Read Ind. Code § 35-38-9-0.6 when the issue is what the order does. Read it for what a granted order changes. The statute says: “(a) This chapter does not require any change or alteration in the following: (1) An internal record made by a: (A) law enforcement agency; or (B) public defender agency; that is not intended for release to the…”
Indiana uses Ind. Code § 35-38-9-7 for what the order does. Read it for what a granted order changes. The statute says: “(a) This section applies only to a person who has filed a petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged.”
On expunging an arrest record, the Indiana text is Ind. Code § 35-38-9-1. The statute says: “(a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if: (1) the arrest, criminal charge, or juvenile delinquency allegation: (A) did not result in a conviction or juvenile adjudication, even if…”
Ind. Code § 35-47-14-6 deals with burden of proof at hearing; court orders; expungement. The statute says: “(a) The court shall conduct a hearing as required under this…”
The petition and the sections next to it
Where petitions fail
Craig Alvey v. State of Indiana, 2014 Ind. App. LEXIS 380 (2014) is worth reading in full. The court treated the petitioner as someone the statute covers. The opinion puts it this way: “Except as provided in subsection (j), a petitioner may file only one (1) petition for expungement during the petitioner’s lifetime.”
D.a. v. State of Indiana, 2016 Ind. LEXIS 591 (2016) is worth reading in full. The opinion puts it this way: “Civil forfeiture records may not be expunged under the statute governing expungement of felony conviction records because they are not conviction records and do not relate to the person's felony conviction within the statute's plain meaning.”
Kenneth L. Willis v. State of Indiana, 1991 Ind. App. LEXIS 396 (1991) is worth reading in full. The opinion puts it this way: “The trial court did not err; even if it had considered the set‑aside conviction, the YCA does not expunge the record and it may be considered in sentencing.”
Read in this order
- Open Ind. Code § 35-38-9-8 and read the part on petition to expunge conviction records. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Indiana county uses, then check the form against Ind. Code § 35-38-9-8.
- If the court grants the petition, Ind. Code § 35-38-9-6 is what the order actually changes.
- Then read Craig Alvey v. State of Indiana, 2014 Ind. App. LEXIS 380 (2014). That is a Indiana court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Indiana?
Read Ind. Code § 35-38-9-8 when the issue is petition to expunge conviction records. The statute says: “(a) This section applies only to a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, under sections 2 through 5 of this chapter.” Ind. Code § 35-38-9-1 is the arrest-record petition. Ind. Code § 35-38-9-8 is the conviction petition.
What does a granted Indiana order change?
Read Ind. Code § 35-38-9-6 when the issue is what the order does. Read it for what a granted order changes. The statute says: “(a) If the court orders conviction records, including any records relating to the conviction and any records concerning a collateral action, expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to the specific records…”
How have Indiana courts ruled on expungement?
Craig Alvey v. State of Indiana, 2014 Ind. App. LEXIS 380 (2014) The court treated the petitioner as someone the statute covers. “Except as provided in subsection (j), a petitioner may file only one (1) petition for expungement during the petitioner’s lifetime.”
County practice in Indiana can add a local form. It cannot replace Ind. Code § 35-38-9-8.