Overview Description

A conviction for an offense that did not result in a bodily injury to another person can be vacated, and the related records expunged, if the offense resulted from being a victim of human trafficking. Ind. Code Ann. §§ 35-38-10-2, 35-38-9-1.

Ineligible Category or Citation

A conviction for an offense that resulted in bodily injury to another person cannot be vacated. Ind. Code Ann. § 35-38-10-2.

Procedure General

The petition must be filed in the circuit or superior court in the county where the criminal charges were filed and include the information specified in section 35-38-9-1(c). For specific procedure, see Ind. Code Ann. § 35-38-9-1.

Fees

A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(c).

Effect

No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(f).

Forms

The expungement form can be found here.

Waiting Periods

There is no waiting period for the motion to vacate the conviction. The expungement petition can be filed one year from the judgment vacating the conviction, unless the prosecutor agrees in writing to an earlier time. Ind. Code Ann. § 35-38-9-1(b).

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