Expungement in Indiana is a legal process designed to offer individuals a fresh start by sealing their criminal records from public view. The primary goal of expungement is to remove barriers to employment, housing, education and other opportunities for individuals who have paid their debt to society and demonstrated rehabilitation. If expunged, the records will not appear in background checks conducted by employers, landlords or the general public, though law enforcement agencies, courts and certain governmental entities can still access them under specific circumstances.
Eligibility for expungement in Indiana is determined by the nature of the conviction and the amount of time that has passed since the sentence was completed. For most misdemeanors, individuals are eligible for expungement five years after the date of conviction, provided they have not committed any new offenses during that period. Level 6 felonies follow the same five-year waiting period. Eligibility is contingent upon completion of all sentencing requirements such as imprisonment, probation, parole and payment of fines or restitution and remaining conviction-free during that time.
For convictions of felonies of higher levels than Level 6, the law imposes an eight-year waiting period from the date of conviction. Additionally, the individual must be free of any pending criminal charges. Notably, Indiana statute prohibits expungement for certain offenses, such as those involving serious bodily injury, official misconduct and specific violent or sexual crimes.
Expungement in Indiana is not limited to convictions. The following records may also be sealed:
- Arrests not leading to conviction — If a person was arrested but never prosecuted, or the charges were dismissed, expungement is possible one year after the arrest. This includes instances where the charges were dropped for reasons like lack of evidence or mistaken identity.
- Juvenile records — Individuals may apply for expungement of juvenile delinquency records once they reach adulthood, provided a certain amount of time has passed since the case closed and they have not since been convicted of violent crimes.
- Pretrial diversion or deferred prosecution programs — Upon successful completion, participants may petition for expungement after one year.
- Reversed or vacated convictions — If a conviction was overturned or vacated by a court, immediate expungement is available.
Courts generally are more likely to expunge non-conviction records compared to convictions.
Individuals are permitted only one opportunity in their lifetime to file for expungement, and all eligible convictions, across all counties, must be included in a single petition. Additionally, crime victims will be notified of the expungement request and may offer a statement to the court opposing the petition.
It is advisable for individuals seeking expungement to consult an experienced Indiana attorney who can evaluate eligibility, navigate the application process and advise on the best course of action.
The Law Offices of Ryan E. Lackey provides sound advice and effective representation during the expungement process. For a free consultation, please contact the firm online or call us at 260-222-7364.
