July 9, 2026 | Criminal Defense
Having criminal charges dismissed is generally a favorable outcome, but it does not necessarily mean your record has been cleared. In Indiana, arrest and court records associated with a dismissed case may still exist and, in some circumstances, appear during background checks.
Whether those records remain publicly accessible depends on several factors, including when the arrest occurred and whether additional legal action is required under Indiana law.
What Does It Mean When Criminal Charges Are Dismissed?
A dismissal means the criminal case against you has been ended without a conviction. The prosecution is no longer pursuing the charges, and you are not found guilty of anything. What a dismissal does not mean is that the case never existed. Those records do not always automatically disappear just because the case was ultimately dropped.
A dismissal may occur before trial or at another stage of the criminal case. Depending on the circumstances, the prosecutor may move to dismiss the charges, or a judge may dismiss them based on legal or procedural issues. Regardless of how the dismissal occurs, it is different from a conviction and does not result in a finding of guilt.
Common Reasons Charges Get Dismissed
Dismissals happen for a variety of reasons depending on the circumstances of the case, including:
- Insufficient evidence to prove guilt beyond a reasonable doubt
- Key evidence was suppressed due to a constitutional violation, such as an unlawful search
- The alleged victim or a key witness becomes unavailable or uncooperative
- Prosecutorial discretion, particularly in cases involving first-time offenders or minor offenses
- Successful completion of a pretrial diversion program
A dismissal is not the same as an acquittal, and it also does not necessarily prevent charges from being refiled in certain circumstances, depending on the reason for the dismissal and other relevant laws.
Can Dismissed Charges Be Removed From Your Record?
The short answer is yes, but how that happens and how quickly depends on when your arrest occurred. Indiana law treats dismissed charges differently based on a key date: July 1, 2022. That date changed things significantly for people whose charges were dismissed after that point.
Arrests on or After July 1, 2022
If your arrest happened on or after July 1, 2022, and the charges were later dismissed or you were acquitted, Indiana law now requires the court to automatically seal the record. This happens approximately 60 days after the dismissal, without you having to take any action to initiate it.
Still, it’s a good idea to confirm that your record has actually been sealed and it’s no longer visible in Indiana’s public court database. If the record is still showing up after the 60-day window has passed, that is something worth addressing with the help of a criminal defense attorney in Indianapolis, IN.
Arrests Before July 1, 2022
If your arrest happened before July 1, 2022, the automatic sealing process does not apply to you. In that situation, you are responsible for initiating the expungement process yourself. Indiana law requires that you wait at least one year from the date of the dismissal before filing a petition for expungement with the court.
There is no filing fee for expunging records that did not result in a conviction. However, the process does involve specific legal documentation and procedural requirements that have to be handled correctly. A mistake in the filing can delay the process or result in a denial that requires you to start over.
Contact Suhre & Associates DUI and Criminal Defense Lawyers To Schedule a Free Consultation With an Indianapolis Criminal Defense Lawyer
If your charges have been dismissed in Indiana, don’t assume that everything is resolved and you are completely done with the charges. You want to make sure they are no longer on your criminal record. If you have any questions about getting your record sealed, Suhre & Associates DUI and Criminal Defense Lawyers can help make sure you take the right steps.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599
