Having a criminal record, even for a minor offense, can follow you for years. If you wonder if there is any way to expunge or restrict access to your record, Indiana law does provide you with options.
How does expungement work?
Indiana law allows individuals with certain criminal records to petition a court to expunge or restrict access to those records. This applies to offenses across a broad spectrum, ranging from arrests that never resulted in charges to specific felony convictions.
Which offenses are eligible?
The law sorts offenses that the court can expunge into tiers based on how serious they are. These are:
- Arrests that did not lead to a conviction or charges that were later dropped
- Misdemeanor convictions, such as Class A, Class B and Class C misdemeanors
- Level 6 felony convictions
- Level 5, Level 4, Level 3, Level 2 and Level 1 felony convictions under certain conditions
Not every conviction in these tiers will automatically qualify. The details of your case and your record since the conviction both play a major role in whether a court approves your petition.
What does the court require to start the petition?
You must meet the following conditions before you can file for expungement:
- A required waiting period has passed since your arrest, conviction or completion of your sentence
- All fines, court costs and restitution have been paid in full
- No criminal charges have been filed or are pending
- No new criminal convictions have occurred during the required waiting period (for conviction expungements)
Waiting periods range from one year for arrests without a conviction to eight or more years for serious felony offenses. For higher-level felonies, the prosecutor may also need to agree before a court will grant the petition.
Are there any limitations and exceptions to the process?
Expungement is not an option for every offense in Indiana. The law bars certain crimes from being eligible, including most sex offenses, human trafficking and offenses that led to death.
It is also important to understand that, for convictions, Indiana law generally offers a one-time opportunity for expungement. If you have records in multiple counties, you must file a separate petition in each county, and you must file all petitions within a one-year window.