In Indiana, individuals with certain criminal records may seek expungement, which limits public access to those records. Expungement provides a fresh start by sealing records, offering a chance to overcome barriers to employment, housing, and other opportunities. However, state law places restrictions on what can be expunged and in what time frame.
Expungement eligibility is based on the classification of the offense. Indiana generally allows expungement of misdemeanor convictions, as well as certain felony convictions that do not involve serious bodily injury or a public official in their official role. Class D felonies (or Level 6 felonies) may be eligible if they were not violent offenses or sexual offenses and if no weapon was involved.
Records that cannot be expunged include convictions related to violent crimes, sex offenses and crimes involving serious bodily harm. Additionally, if the individual was convicted of a felony while serving as a public official or candidate for office, the record cannot be expunged.
The timing for expungement also varies. For misdemeanors, a person may petition after five years, whereas those with felony convictions might have to wait up to 10 years, depending on the specifics of the case. Importantly, Indiana only allows one expungement petition in a lifetime, meaning an individual cannot seek expungement of additional records in the future.
It is vital to understand that under Indiana Code 35-38-9, expungement does not mean destruction of records, except in juvenile cases. Rather, an expungement order has the effect of sealing arrest and conviction records and restricting their use. This limits who can view the records. Generally, law enforcement and certain government agencies retain access, but the public, including most employers, landlords, and educational institutions, cannot see it in background checks.
Notably, a petition to expunge also can apply to any records concerning a “collateral action,” which means a legal or 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.
A successful petition to expunge allows individuals to answer “no” if asked about criminal records on applications for employment, housing, schooling or other benefits. This restriction shields individuals from some of the social and economic repercussions of having a criminal record while still allowing government authorities access when necessary.
Demonstrating eligibility for expungement requires careful preparation of the petition and supporting documents. This includes showing that there has been no criminal behavior since the conviction and also supplying statements from reputable individuals attesting to your rehabilitation and good character. An experienced Indiana criminal defense lawyer can make the strongest case possible for your eligibility.
The Law Office of Ryan E. Lackey provide effective legal counsel in criminal cases, including expungement petitions, for people in Fort Wayne, Allen and neighboring counties in Indiana. Call 260-222-7364 or contact us online for a free initial consultation.
