March 19, 2025 | Indiana Law
A misdemeanor conviction in Indiana could have a lasting impact on a defendant’s life, including future job opportunities, housing, and other life decisions. Although it typically stays on your record indefinitely, you may be eligible to file for expungement, which could remove it if you meet certain requirements.
Understanding the rules and timelines can help you plan your next steps and potentially reduce long-term consequences. It’s always a good idea to talk to a lawyer, as they can guide you through the process and help you understand your options. Do not assume that you are out of luck prior to getting legal advice about your specific situation.
Crimes Eligible for Expungement
Indiana law permits expungement for a variety of criminal records, but not all offenses are eligible. The following may qualify under specific conditions:
Arrest Records
If you’ve been arrested but not convicted, it can still have a significant impact on your life. Anytime someone runs a background check, it will show this arrest. Fortunately, this can be expunged in Indiana.
Misdemeanor Convictions
Most misdemeanor offenses are eligible for expungement once a sufficient amount of time has passed and certain requirements are met. This is essential as it can give you better opportunities for the future. Examples of expungeable misdemeanors include petty theft and drug possession.
Class D or Level 6 Felony Convictions
Low-level felonies, including convictions reduced to misdemeanors, may be expunged as long as the defendant satisfies waiting periods and conditions. Felony theft and drug offenses may be eligible.
Certain Higher-Level Felonies
Felonies above Level 6 may qualify under stricter requirements. One primary consideration will be whether anyone was injured during the commission of the crime.
Waiting Periods for Expungement
Indiana law mandates waiting a specific period before applying for expungement. This time frame ensures the defendant has complied with all aspects of their sentence. The waiting periods range from one year (to arrests or charges that were dismissed) to 10 years (for certain felony offenses that resulted in serious bodily injury).
Depending on the case and the type of charge, there may be additional requirements for getting an expungement as well. These include scheduling and attending a hearing before a court on the matter.
Crimes Not Eligible for Expungement in Indiana
While Indiana offers expungement for most offenses, some crimes are excluded due to their severity. These include:
- Offenses related to being a sex or violent offender
- Crimes involving official misconduct
- Convictions involving multiple deadly weapon offenses
- Homicide, voluntary manslaughter, or involuntary manslaughter
If you are unsure of whether your charges qualify for expungement, the best way to find out is to contact an experienced criminal defense lawyer.
Schedule a Free Consultation With a Criminal Defense Attorney
Navigating expungement laws in Indiana can be challenging, but understanding eligibility criteria and waiting periods can help defendants determine if they qualify. Fortunately, you can expunge almost any misdemeanor conviction in Indiana, assuming you’ve met the necessary requirements.
If you have questions, you should always speak with a criminal defense lawyer as soon as possible. Contact an attorney today to schedule a free consultation so that you can learn about your best path forward.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
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
