INDIANA
No Strict Time Limit for Most Post‑Conviction Petitions
Under Indiana Rule PC 1, a petition for post‑conviction relief (PCR) can generally be filed at any time after conviction, even years later. (Indiana Rule PC 1(1)(b))
Multiple Ways to Seek Relief
Petitions may challenge the validity of a conviction or sentence based on ineffective counsel, newly discovered evidence, illegally imposed sentences, or parole revocation. (Rule PC 1 Sections 1 & 6)
No Court Fee Required
PCR petitions must be filed in triplicate and verified under oath—and there is no filing fee. If a petitioner is indigent, they may proceed in forma pauperis, and the court may appoint counsel. (Rule PC 1)
Guaranteed Transcript Access for Sentencing/Plea Hearings
Courts must include a transcript in the record when challenging a sentence entered after a guilty plea. Indigent petitioners may also receive transcripts at public expense, before any evidentiary hearing, if the petition is not dismissed. (Rule PC 1, Sec. 9(b))
Public Defender May Take Over Case
Indiana Public Defender's Office may represent an incarcerated petitioner if the case has merit and raises present penal consequences. If counsel withdraws, the petitioner may continue pro se. (Rule PC 1, Sec. 9(a) & (b))
One Petition, One Chance
Petitions must include every ground for relief known at the time. If a petition is fully adjudicated—or if a ground was waived knowingly and voluntarily—you generally cannot raise it again unless adequately justified. (Rule PC 1, Sec. 8)
Motion to Correct Erroneous Sentence
Under Indiana Code §â€¯35‑38‑1‑15, a motion may be filed to correct specific sentencing errors. It must be in writing, supported by legal memoranda, and requires notice to the convicted person—and both they and counsel must attend any resentencing.
No Attorney Required — Pro Se Filing Allowed
Evidence Standard: Preponderance of Evidence
Additional Rights & Protections
Families and incarcerated individuals may file PCR petitions and sentencing correction motions without an attorney. Open Gate can help with drafting, reviewing, and guiding through the submission process. (Rule PC 1, Sec. 9)
The petitioner must prove their claims by a “preponderance of the evidence” — meaning it's more likely than not that the claims are true. (Indiana Innocence Project)
Petitioner may request a change of judge within 10 days if personal bias is shown. (Rule PC 1, Sec. 4(b))
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The court may rule on summary disposition when no genuine factual issue exists. (Rule PC 1, Sec. 4(g))