Indiana Criminal Record Expungement Services
Comprehensive Expungement Representation by an Experienced Indiana Attorney You Can Trust.
What is an Expungement?
Expungement is the legal process of sealing your criminal record from public access. This prevents employers, landlords, friends, family, and the general public as a whole from accessing your criminal record from public databases.
In Indiana, Expungement’s are governed by the Indiana Code 35-38-9, as well as case law interpreting that statute. You are able to expunge almost any criminal record - ranging from an arrest that did not result in a conviction, to more serious felony convictions. There are a few types of crimes you cannot expunge, such as sex crimes or certain serious felonies.
Generally speaking, the expungement process takes on average 3-4 months. You can expunge multiple arrests & convictions at the same time, as long as you meet the requirements.
What are the Requirements for Expungement?
Generally, to be eligible for expungement of your past arrest or conviction, you must have: (i) no criminal charges currently pending, (ii) no outstanding court costs, fees, or restitution obligations, and (iii) have met the waiting period, which is different depending on the seriousness of the offense:
For arrests that did not result in a conviction, the waiting period is 1 year from the date of the arrest.
For all misdemeanor convictions, the waiting period is five (5) years, unless waived by the prosecutor.
For Class D or Level 6 Felonies, the waiting period is eight (8) years, unless waived by the prosecutor.
For Certain less serious felonies, the waiting period is eight (8) years, or three (3) years from the completion of the person’s sentence, unless waived by the prosecutor.
For certain more serious felonies, the waiting period is ten (10) years, or five (5) years from the completion of the person’s sentence.
The first three categories above at mandatory - meaning if all the requirements are met, the court must grant the expungement petition. The last two are discretionary - the court may grant the expungement petition, but it does not have an obligation to do so.
Why Should I Expunge My Record?
A criminal record can negatively affect one’s ability to obtain employment, qualify for housing, purchase a firearm, vote, obtain licensing, and be admitted into educational programs. It can also affect an individual’s reputation, as criminal records in Indiana are public are MyCase.IN.gov.
Why Should I Hire an Attorney?
In Indiana, you only get one chance in your lifetime at expungement. If you leave out necessary information in your expungement petition, file at the wrong time, or neglect to comply with the requirements of I.C. 35-38-9, you could lose the ability to ever expunge your criminal record again. Indiana’s expungement statute is complex, so it is strongly recommended you hire an experienced expungement attorney to assist you from start to finish.
What’s Included in Your Representation
Initial Consultation
Criminal History Verification
Negotiation with Prosecutor Requesting Shorter Waiting Period (if necessary)
Draft of the Expungement Petition & Review with Attorney
Filing of the Expungement Petition & Related Exhibits
Service of the Petition to the Prosecutor’s Office and Other Appropriate Parties.
Hearing Appearance (if necessary)
Case Updates Throughout the Process & a Copy of the Final Order
