Expungement & Sealing
If you need a second chance in Indiana, our attorneys for expungement and sealing will make sure your criminal record does not follow you for the rest of your life. In 2013, Indiana passed the “Second Chance Law” or the Indiana Expungement Statute. This has allowed thousands of people to expunge their criminal record and has opened the door for those people to move forward with their lives. Contact XpungeIndy today at 317-647-5476 so we can review your case.
What Crimes Can & Cannot be Expunged?
There are very specific guidelines about what offenses and circumstances can be expunged in Indiana. With some exceptions, nearly all misdemeanors and even felonies are expungable if the County Prosecutor agrees and the statutory period has been met.
Given that there are exceptions, consulting with our attorneys for expungement and sealing is an essential step. You want to make sure that your case is thoroughly and accurately assessed and that you are eligible for expungement.
Categories of Expungement Relief (Sections 1 – 5)
Overview of Indiana’s Expungement (Eligibility, Exceptions, Time Frame, Status of an Expunged Conviction)
Expungement in Indiana consists of five separate categories of expungement relief referred to as Sections 1-5. Each category has specific parameters as to the type of convictions that qualify for expungement and sealing. Although it is best to contact attorneys for expungement and sealing, you can get a general idea of those parameters for each section here.
Eligibility
- All criminal and juvenile arrests that do not lead to a conviction
Time Frame
- One year after the date of arrest once all charges have either been dismissed, there has been a finding of not guilty on all charges at trial, or if the entire conviction was overturned on appeal
Status of a conviction, once it has been expunged
- No conviction was entered, thus no information may be retained related to criminal history
Eligibility
- Many misdemeanor convictions or some Level 5/6 felonies
- Level 5/6 felonies correlate roughly to D Level felonies (for convictions prior to July 1, 2014)
Time Frame
- Five (5) years after the date of conviction and cannot have had any convictions within five (5) years before the date of filing
- The Prosecutor can consent to a shorter time frame
Status of a conviction, once it has been expunged
- Convictions are sealed and removed from the public record, IC 35-38-9-6
- The Prosecutor, Defense Attorney and Probation department can, with the consent of the Court, ask that the expunged conviction be unsealed if needed to carry out their respective legal duties
- If a conviction is obtained and the expunged conviction was used, expungement protection may also be lost
Eligibility
- Most Level 5/6 felonies
- Level 5/6 felonies correlate roughly to D Level felonies (for convictions prior to July 1, 2014)
Exceptions (those ineligible for expungement and sealing)
- Homicide
- Human Trafficking
- Sex Crimes
- D Felony that resulted in bodily injury to another person
- Perjury
- Official misconduct
Time Frame
- Eight (8) years after the date of conviction and cannot have had any convictions within eight (8) years before the date of filing
- The Prosecutor can consent to a shorter time frame
Status of a conviction, once it has been expunged
- Convictions are sealed and removed from the public record, IC 35-38-9-6
- The Prosecutor, Defense Attorney and Probation department can, with the consent of the Court, ask that the expunged conviction be unsealed if needed to carry out their respective legal duties
- If a conviction is obtained and the expunged conviction was used, expungement protection may also be lost
Eligibility
- Level 4 felonies
- Level 4 felonies correlate roughly to C Level felonies (for convictions prior to July 1, 2014)
- Some Level 5/6 felonies
- Level 5/6 felonies correlate roughly to D Level felonies (for convictions prior to July 1, 2014)
Exceptions (those ineligible for expungement and sealing)
- Homicide
- Human Trafficking
- Sex Crimes
- Perjury
- Official misconduct
- Any conviction that occurred as an elected official or candidate for public office
- Felonies for battery with serious bodily injury
Time Frame
- Eight (8) years after the date of conviction or Three (3) years after the completion of the sentence (whichever is longer)
- Cannot have had any convictions which occurred within eight (8) years before the time of filing
- The Prosecutor can consent to a shorter time frame
Status of a conviction, once it has been expunged
- Court records must be clearly and visibly marked or identified as being expunged
- The Court records and the records of law enforcement pertaining to the expunged conviction remain public records
Eligibility
- A criminal conviction for a felony for serious bodily injury
- A criminal conviction that occurred as an elected official or candidate for public office
Exceptions (those ineligible for expungement and sealing)
- Homicide
- Human Trafficking
- Sex Crimes
- Perjury
- Official misconduct
- Must have written approval from County Prosecutor
- The person has not been convicted of 2 or more felony offenses that involved use of a deadly weapon (that were not committed in the same instance of criminal conduct)
Time Frame
- Ten (10) years must have elapsed since the time of the conviction or
- Three (3) years after the completion of the sentence (whichever is longer)
- Cannot have any convictions within ten (10) years at before the time of filing
- Must receive permission from the Prosecutor in the County where the expungement petition is filed
Status of a conviction, once it has been expunged
- Court records must be clearly and visibly marked or identified as being expunged
- The Court records and the records of law enforcement pertaining to the expunged conviction remain public records
