reglab/housing_qa huggingface dataset:
IN Code § 35-38-7-18 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-18. Unfavorable Results of Postconviction Testing

Sec. 18. If the results of the postconviction DNA testing and analysis are not favorable to the person who was convicted of the offense, the court:(1) shall dismiss the person's petition; and(2) may make any further orders that the court determines to be appropriate, including any of the following:(A) An order providing for notification of the parole board or a probation department.(B) An order requesting that the petitioner's sample be added to the Indiana data base established under IC 10-13-6.As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.95.
IN Code § 35-38-7-19 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 7. Postconviction DNA Testing and Analysis|35-38-7-19. Favorable Results of Postconviction Testing

Sec. 19. Notwithstanding any law that would bar a trial as untimely, if the results of postconviction DNA testing and analysis are favorable to the person who was convicted of the offense, the court shall order any of the following:(1) Upon motion of the prosecuting attorney and good cause shown, order retesting of the identified biological material and stay the petitioner's motion for a new trial pending the results of the DNA retesting.(2) Upon joint petition of the prosecuting attorney and the petitioner, order the release of the person.(3) Order a new trial or any other relief as may be appropriate under Indiana law or court rule.As added by P.L.49-2001, SEC.2.
IN Code § 35-38-9-0.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-0.5. "Collateral Action"

Sec. 0.5. As used in this chapter, "collateral action" means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. The term includes a proceeding or action concerning a seizure, a civil forfeiture, and a petition for specialized driving privileges.As added by P.L.219-2019, SEC.5.
IN Code § 35-38-9-0.6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-0.6. Effect of Chapter; Supplemental Order of Expungement Due to Change in Laws

Sec. 0.6. (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 public.(2) A nonpublic record that relates to a diversion or deferral program.(3) A disciplinary record or proceeding as it relates to a licensing, certification, or public entity.(b) Except as provided in subsection (c), the changes in this chapter made in SEA 235-2019 as enacted in the 2019 session of the general assembly apply only to an expungement order granted after June 30, 2019.(c) A person whose petition for expungement was granted before July 1, 2019, may file a petition for a supplemental order of expungement under section 9 of this chapter to obtain the benefit of changes in SEA 235-2019 as enacted in the 2019 session of the general assembly, if applicable.As added by P.L.219-2019, SEC.6.
IN Code § 35-38-9-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-2. Expunging Misdemeanor Convictions

Sec. 2. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a misdemeanor, including 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) reduced to a misdemeanor.(b) This section does not apply to the following:(1) 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.(2) A sex or violent offender (as defined in IC 11-8-8-5).(c) Not earlier than five (5) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period) for the misdemeanor or the felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7, the person convicted of the misdemeanor or the felony reduced to a misdemeanor 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 misdemeanor 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 crime within the previous five (5) 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.8; P.L.142-2015, SEC.2; P.L.95-2017, SEC.2; P.L.219-2019, SEC.8; P.L.55-2020, SEC.9.
IN Code § 35-38-9-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-3. Expunging Minor Class D and Level 6 Felony Convictions

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 convicted of an offense while serving the official'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.
IN Code § 35-38-9-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-7. Effect of Expunging Serious and Less Serious Felony Convictions

Sec. 7. (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.(b) The court records and other public records relating to the arrest, conviction, or sentence of a person whose conviction records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. However, the court shall order that the records be clearly and visibly marked or identified as being expunged. A petition for expungement granted under sections 4 through 5 of this chapter does not affect an existing or pending driver's license suspension.(c) The state police department, the bureau of motor vehicles, and any other law enforcement agency in possession of records that relate to the conviction, including any records concerning a collateral action, ordered to be marked as expunged shall add an entry to the person's record of arrest, conviction, or sentence in the criminal history data base stating that the record is marked as expunged. Nothing in this chapter prevents the bureau of motor vehicles from reporting information about a conviction for a violation of a traffic control law to the Commercial Drivers License Information System (CDLIS), in accordance with federal law, even if the conviction has been expunged under section 4 or 5 of this chapter.(d) If the court issues an order granting a petition for expungement under section 4 or 5 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.(e) If a court issues an order granting a petition for expungement under sections 4 through 5 of this chapter, the court shall also order any related records described in section 1(f) of this chapter marked as expunged, unless the records described in section 1(f) of this chapter have been ordered marked as expunged under this section.As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.13; P.L.142-2015, SEC.7; P.L.198-2016, SEC.672; P.L.219-2019, SEC.13.
IN Code § 35-38-9-8.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-8.5. Expungement of Certain Offenses Punishable by an Indeterminate Sentence

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.As added by P.L.142-2015, SEC.9.
IN Code § 35-38-9-9.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-9.5. Collateral Action in a Different County

Sec. 9.5. (a) This section applies to a collateral action adjudicated or conducted in a county other than the county in which a court granted an expungement.(b) Upon receipt of a request to expunge records related to a collateral action and a properly certified expungement order, a circuit or superior court in the county in which the collateral action occurred shall:(1) notify the prosecuting attorney of the county in which the court is located of the request to expunge records related to a collateral action and set the matter for hearing; or(2) if it conclusively appears from the court's records that the person is entitled to expungement as described in subsection (c), order the records expunged without a hearing.(c) The circuit or superior court in the county in which the collateral action was adjudicated or conducted shall order records of the collateral action expunged (for an expungement granted under sections 1 through 3 of this chapter) or marked as expunged (for an expungement granted under sections 4 through 5 of this chapter), unless the court finds that the collateral action does not relate to the expunged arrest or conviction.(d) A request to expunge records of a collateral action may be made at any time after the original expungement order is issued.(e) A request to expunge records shall be filed under the cause number of the collateral action, if applicable. A person who requests expungement of records of a collateral action under this section is not required to pay a filing fee, even if the request is filed under a new cause of action.As added by P.L.55-2020, SEC.10.
IN Code § 35-38-9-11 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-11. Waiver of Expungement in a Plea Agreement Invalid

Sec. 11. (a) A person may not waive the right to expungement under this chapter as part of a plea agreement. Any purported waiver of the right to expungement in a plea agreement is invalid and unenforceable as against public policy.(b) This section does not prohibit the finding of a waiver of the right to expungement based on a failure to comply with the provisions of this chapter.As added by P.L.181-2014, SEC.17.
IN Code § 35-38-9-12 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 9. Sealing and Expunging Conviction Records|35-38-9-12. Penalties for Disclosing an Expunged Conviction

Sec. 12. A criminal history provider (as defined in IC 24-4-18-2) that provides a criminal history report containing an expunged conviction is subject to the penalties described in IC 24-4-18-8.As added by P.L.52-2021, SEC.7.
IN Code § 35-38-10-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 10. Convictions of Trafficked Persons|35-38-10-1. "Trafficked Person"

Sec. 1. As used in this chapter, "trafficked person" means a person who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted.As added by P.L.86-2017, SEC.12. Amended by P.L.142-2020, SEC.61.
IN Code § 35-38-10-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 10. Convictions of Trafficked Persons|35-38-10-2. Vacating Conviction of Trafficked Person; Requirements

Sec. 2. A person who committed an offense that did not result in bodily injury to another person is entitled to have the person's conviction vacated if the person proves by a preponderance of the evidence that:(1) the person was a trafficked person at the time the person committed the offense;(2) the offense did not result in bodily injury to another person; and(3) at the time the person committed the offense, the person was:(A) coerced; or(B) under the control of;another person.As added by P.L.86-2017, SEC.12.
IN Code § 35-38-10-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 38. Proceedings Following Dismissal, Verdict, or Finding|Chapter 10. Convictions of Trafficked Persons|35-38-10-3. Postconviction Relief Available to Vacate Conviction of Certain Trafficked Persons

Sec. 3. A person may bring an action to enforce the right described in section 2 of this chapter in accordance with the Indiana rules of postconviction relief.As added by P.L.86-2017, SEC.12.
IN Code § 35-40-1-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 1. Legislative Intent|35-40-1-1. Intent to Protect Rights of Victims

Sec. 1. The legislature recognizes that many innocent persons suffer economic loss and personal injury or death as a result of criminal or delinquent acts. It is the intent of the general assembly to do the following:(1) Enact laws that define, implement, preserve, and protect the rights guaranteed to victims by Article 1, Section 13 of the Constitution of the State of Indiana.(2) Ensure that Article 1, Section 13 of the Constitution of the State of Indiana is fully and fairly implemented.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-2-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 2. Applicability; Standing to Invoke Rights|35-40-2-1. Standing of Victims

Sec. 1. A victim has standing to assert the rights established by this article. However, this article does not do any of the following:(1) Provide grounds for a victim to challenge a charging decision or a conviction, obtain a stay of trial, or compel a new trial.(2) Give rise to a claim for damages against the state of Indiana, a political subdivision, or any public official.(3) Provide grounds for a person accused of or convicted of a crime or an act of delinquency to obtain any form of relief.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-3-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 3. Statutory Construction|35-40-3-1. Construction of Article

Sec. 1. This article shall be construed to preserve and protect the rights to which a victim is entitled without interfering with the rights of the accused to receive a fair trial or the duty of the prosecuting attorney to represent the people of Indiana.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-3-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 3. Statutory Construction|35-40-3-2. Victims Confined by Law Enforcement

Sec. 2. This article may not be construed to imply that a victim who is confined by the department of correction or by any local law enforcement agency has a right to be released to attend a hearing or that the department of correction or the local law enforcement agency has a duty to transport the confined victim to a hearing.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-3-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 3. Statutory Construction|35-40-3-3. Delinquent Acts

Sec. 3. In cases involving a delinquent act, a reference in this article to:(1) a criminal court shall be treated as a reference to the juvenile court; and(2) a criminal proceeding or an action related to a criminal proceeding shall be treated as a reference to the equivalent proceeding or action under IC 31.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-4-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-1. Applicability of Definitions

Sec. 1. The definitions in this chapter apply throughout this article.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-4-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-2. "Accused"

Sec. 2. "Accused" means that an indictment or information charging a person with a crime or a petition alleging that a child is a delinquent child has been filed.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-4-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-3. "Crime"

Sec. 3. "Crime" includes a delinquent act.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-4-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-4. "Delinquent Act"

Sec. 4. "Delinquent act" has the meaning set forth in IC 31-37-1-2.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-4-4.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-4.5. "Immediate Family Member"

Sec. 4.5. "Immediate family member" means a spouse, child, parent, or sibling.As added by P.L.71-2021, SEC.6.
IN Code § 35-40-4-4.7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-4.7. "Local Law Enforcement Agency"

Sec. 4.7. "Local law enforcement agency" means a law enforcement agency other than the state police department.As added by P.L.71-2021, SEC.7.
IN Code § 35-40-4-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-5. "Postarrest Release"

Sec. 5. "Postarrest release" means the discharge on recognizance, bond, or other condition imposed under IC 31 or IC 35-33 of an accused person from confinement.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-4-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-6. "Postconviction Release"

Sec. 6. "Postconviction release" means parole, work release, home detention, or any other permanent, conditional, or temporary discharge from confinement of a person who is confined in:(1) the custody of:(A) the department of correction; or(B) a sheriff;(2) a county jail;(3) a secure mental health facility; or(4) a secure juvenile facility or shelter care facility.As added by P.L.139-1999, SEC.1.
IN Code § 35-40-4-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 40. Victim Rights|Chapter 4. Definitions|35-40-4-7. "Public Court Proceeding"

Sec. 7. "Public court proceeding" means a hearing, an argument, or another matter scheduled by and held before a trial court. The term does not include:(1) a deposition;(2) a lineup;(3) a grand jury proceeding; or(4) any other procedure not held in the presence of a court having jurisdiction.As added by P.L.139-1999, SEC.1.