Indiana Code Title 5. State and Local Administration § 5-2-23-2

Sec. 2. (a) As used in this chapter, “actually innocent” means, with respect to a particular offense, that a person:

The mere fact that the trier of fact acquitted or did not convict the person on remand is insufficient, standing alone, to establish that the person is actually innocent.

(b) An applicant must prove that he or she is actually innocent by a preponderance of the evidence.