Indiana's Expungement Law
In July of 2013 the Indiana Legislature enacted Indiana's Second Chance Act allowing individuals who met certain criteria to seal their criminal records. Indiana's expungement law has been revised multiple times since it was enacted, and anyone considering an expungement should speak with a qualified attorney. It's important to remember that Indiana law allows a person to file only one expungement petition in their lifetime.
The information below provides a brief overview of some of the requirements for expungement eligibility. Call or email for a Consultation.
Arrest Records
I.C. 35-38-9-1
When someone is arrested, that person likely has a criminal record even if the charges were dismissed or he or she was found not guilty.
An individual with an arrest record may be eligible for an expungement one year after the arrest if that arrest did not result in a conviction. Following the court granting the expungement, the records of the arrest will be permanently sealed. There is no filing fee for expungement petitions filed under this section of the Indiana Code
Misdemeanors
I.C. 35-38-9-2
An individual convicted of a misdemeanor or a class D / level 6 felony reduced to a misdmeanor, may be eligible for an expungement five years from the date of the conviction unless the county Prosecutor has consented in writing to an early filing. Must have paid all fines, fees, restitution, and court costs. A filing fee is required.
Class D and Level 6 Felonies
I.C. 35-38-9-3
An individual convicted of a Class D or Level 6 felony may be eligible for expungement eight years from the date of the conviction unless the county Prosecutor has consented in writing to an early filing. Must have paid all fines, fees, restitution, and court costs. A filing fee is required.
Less Serious Felonies
I.C. 35-38-9-4
An individual convicted of a felony that does not fall under I.C. 35-38-9-5 or is otherwise excluded by the Indiana Code may be eligible for an expungement eight years from the date of the conviction or three years from the completion of the sentence unless the county Prosecutor has consented in writing to an early filing. Must have paid all fines, fees, restitution, and court costs. A filing fee is required.
Serious Felonies
I.C. 35-38-9-5
An individual convicted of a felony that resulted in serious bodily injury or an offense as an elected official while in office may be eligible for an expungement ten years from the date of the conviction or five years from the completion of the sentence unless the county Prosecutor has consented in writing to an early filing. Must have paid all fines, fees, restitution, and court costs. A filing fee is required.
Not Eligible for Expungement
The Indiana Second Chance Law excludes some offenses including but not limited to homicide, human trafficking, and sex crimes.