August 18, 2023 | Indiana Law
Expungement is a legal process that allows you to have certain convictions removed or sealed from your public criminal record. Once an expungement has been granted, the conviction in question generally doesn’t need to be disclosed on applications for employment or housing.
It won’t show up on background checks except in limited circumstances. For example, courts, prosecutors, or law enforcement can still access your criminal record.
Expungement Conditions in Indiana
To seek an expungement in Indiana, you must meet all requirements. These vary depending on the type of record you’re seeking to expunge.
Expungement of Arrests, Charges, and Juvenile Delinquency Adjudications
If you want to expunge your record of arrests, charges filed, and juvenile delinquency adjudications, you must meet the following conditions:
- At least one year has passed since the arrest, charge, or juvenile delinquency adjudication
- The arrest or charge did not result in a conviction or juvenile delinquency adjudication, or if it did, it was overturned on appeal
- No current participation in a pretrial diversion program
- No convictions in the year before filing the expungement petition
- No currently pending criminal charges
- Successful completion of all diversion program requirements
Without meeting these conditions, you will not be eligible for expungement.
Expungement of Misdemeanors and Lower-Level Felonies
If you’re seeking expungement for misdemeanors and lower-level felonies, you need to satisfy these conditions:
- At least five years have passed since the conviction
- No convictions in the five years before applying for an expungement
- No currently pending criminal charges
- Payment of all fines, fees, court costs, and restitution orders
- Payment of the expungement filing fee
If you fail to meet any of these conditions, you will not be eligible for an expungement.
Expungement of Class D and Level 6 Felonies
If you have a Class D or Level 6 felony conviction on your record, you may be eligible for expungement if you meet the following requirements:
- At least eight years since the conviction
- No convictions in the eight years before applying for an expungement
- No currently pending criminal charges
- Payment of all fines, fees, court costs, and restitution orders
- Payment of the expungement filing fee
If you fail to meet any of these conditions, you will not be eligible for an expungement.
Expungement for Major Felonies, Including Class C or Level 5 Felonies and Higher
For those with a major felony conviction, such as a Class C or Level 5 felony or higher, expungement is still possible but includes another layer of requirements.
You’ll need to satisfy the following conditions:
- No opposition from the prosecuting attorney: In these cases, you’ll need the support of the prosecuting attorney to help demonstrate that you’re deserving of a second chance through expungement.
- Verification of your rehabilitation: A judge will need to verify that you’ve successfully completed associated programs or treatments and have generally made strides in rehabilitating yourself.
Understandably, expungement for more serious criminal acts requires more steps.
Serious felonies are offenses involving serious bodily injury to another person or committed while serving in an elected public office or as a candidate for public office.
In addition to prosecutor approval, you must also fulfill the following conditions to expunge your serious felony conviction:
- At least ten years since the conviction, or five or more years from the completion of your sentence, whichever is later
- No convictions in the ten years before applying for an expungement
- No currently pending criminal charges
- Payment of all fines, fees, court costs, and restitution orders
- Payment of the expungement filing fee
Without meeting all of these conditions, you will be unable to get your record expunged.
Acts Not Eligible For Expungement in Indiana
Some convictions cannot be expunged under Indiana law, and these include:
- Sex or violent offenders under Indiana Code § 11-8-8-5
- Official misconduct under Indiana Code § 35-44.1-1-1
- Convictions for two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct
- Homicide
- Voluntary or involuntary manslaughter
If you’ve been convicted of any of the above crimes, you will have to deal with the effects of having this conviction on your record.
An Indianapolis Criminal Defense Attorney Can Help With the Expungement Process
Expungement in Indiana might seem like a complicated process, but it can provide a much-needed fresh start for those who have demonstrated that they have turned their lives around. Contact an Indianapolis criminal defense lawyer for assistance.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates, LLC give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates, LLC – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204
United States
