Indiana Code - Criminal Law and Procedure - Title 35, Section 35-38-5-4
Legal Research Home >
Indiana Law > Criminal Law and Procedure > Indiana Code - Criminal Law and Procedure - Title 35, Section 35-38-5-4
Action by person whose records are expunged that might be
defended with contents of such records
Sec. 4. If a person whose records are expunged brings an action
that might be defended with the contents of such records, the
defendant is presumed to have a complete defense to such an action.
In order for the plaintiff to recover, he must show that the contents
of the expunged records would not exonerate the defendant. The
plaintiff may be required to state under oath whether he had records
in the criminal justice system and whether those records were
expunged. If the plaintiff denies the existence of the records, the
defendant may prove their existence in any manner compatible with
the law of evidence.
As added by P.L.311-1983, SEC.3.
Last modified: May 25, 2006