Indiana: What is an expungement and how does it affect my criminal record?
What is an expungement and what crimes are eligible?
An expungement is the legal process of sealing and/or removing a criminal record from the public view. In Indiana, most crimes (including most felonies and all misdemeanors) are generally eligible for expungement so long as the required waiting period has been met, along with other miscellaneous requirements under Indiana’s expungement laws (codified in Indiana Code 35-38-9).
The waiting period will depend on the seriousness of the offense, with more serious crimes requiring a longer waiting period. The waiting periods are as follows:
For arrests that did not result in conviction (found “not guilty” or case was dismissed) - 1 year.
For arrests resulting in a conviction of a misdemeanor (or a Level 6/Class D felony reduced to a misdemeanor) - 5 years.
For arrests resulting in a conviction of a Class D/Level 6 Felony - 8 years.
For arrests resulting in a conviction of a felony that did not result in the serious bodily injury or death of another - the later of 8 years from conviction or 3 years from completion of sentence.
For more serious felonies that did result in bodily injury - 10 years with the written consent of the prosecutor.
Not all records in Indiana are eligible for expungement. Specifically, the following crimes are not eligible:
Felonies that resulted in the death of another;
Homicide attempts;
2 or more distinct felonies that involved the use of a deadly weapon;
Human and sex trafficking offenses/attempts;
Sex crimes or attempts; and
Sex or violent offenders as defined in 11-8-8-5.
If you are curious to see whether your case is eligible for expungement, fill out our expungement eligibility form and hear back from Indiana expungement attorney Matt Shelton with 24-48 hours.
How is my criminal record affected once my case is expunged? Who can see my past arrests/convictions?
This will depend on the seriousness of the offense you have expunged. Indiana’s code classifies expungement eligible crimes into several categories. Depending on which category that your crime falls under, you may either have the record completely erased and not accessible by anyone, or it may simply be labeled as “expunged” for the more serious crimes, but still accessible by the general public.
The treatment of a record following expungement is as follows:
For arrests that did not result in conviction (found “not guilty” or case was dismissed) - Records will be sealed and removed from the general public’s access. The records will only still be available to the court and criminal justice agencies as needed to carry out their official duties.
For arrests resulting in a conviction of a misdemeanor (or a Level 6/Class D felony reduced to a misdemeanor) - Records will be sealed and removed from the general public’s access. Law enforcement officers, prosecutors, defense attorneys, probation officers, BMV, and other certain officials will have access only to the extent of carrying out their official duties.
For arrests resulting in a conviction of a Class D/Level 6 Felony - Records will be sealed and removed from the general public’s access. Law enforcement officers, prosecutors, defense attorneys, probation officers, BMV, and other certain officials will have access only to the extent of carrying out their official duties.
For convictions of all other felonies - Records will remain public but will be marked as “expunged”.
In all cases of expungement, it is unlawful discrimination for any person or business to suspend, expel, refuse to employ, refuse to admit, refuse to grant a license or permit, or to engage in any lawful occupation on the basis of a conviction or arrest record that has been expunged. Indiana’s expungement statute orders that the person must be “treated as if they had never been convicted of the offense”.
Additionally, the granting of an expungement restores the civil rights of the person, including:
the right to vote
the right to hold public office
the right to serve as a juror
the right to possess a firearm (so long as the underlying offense was not one of domestic violence)
For any questions you have may have about expungements in Indiana, contact Expungement Attorney Matt Shelton. Matt has experience with expungements in the state of Indiana and can represent you at a reasonable price to obtain one.
