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Indiana Code Title 35. Criminal Law and Procedure § 35-38-9-8.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 8.5. (a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50.

(b) If the offense for which the person was convicted is a misdemeanor at the time the person files the petition for expungement, the person may file the petition for expungement under section 2 of this chapter.

(c) If the offense for which the person was convicted:

(1) is a Level 6 felony at the time the person files the petition for expungement;  and

(2) is not substantially similar to an offense described in section 3(b) of this chapter;

the person may file the petition under section 3 of this chapter.

(d) If:

(1) the person to whom this chapter applies may not seek expungement under section 3 of this chapter;  and

(2) the offense the person seeks to expunge is not substantially similar to an offense described in section 4(b) of this chapter;

the person may file the petition under section 4 of this chapter.

(e) If the offense for which the person was convicted:

(1) is a felony at the time of filing the petition, including a felony described in section 5(a) of this chapter;  and

(2) is not substantially similar to an offense described in section 5(b) of this chapter;

the person may file the petition under section 5 of this chapter.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-38-9-8.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-38-9-8-5/

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