
In 2014, Indiana completed a major overhaul of its felony classification system. What were once considered Class A, B, C and D are now Level 1, 2, 3, 4, 5 and 6 felonies. Lawmakers reshuffled a variety of felony crimes into new categories, but the change only applied to crimes that occurred after July 1, 2014. Fortunately, regardless of when you were convicted of a crime (and no matter whether the state categorizes it as a “Class” or a “Level”), you may be eligible to clear your record. This guide explains which classes and levels are eligible for criminal record expungement in Indiana.
Indiana Felony Classes (and What You Can Expunge)
The following table outlines the classes and levels of felonies you may see on your Indiana criminal record.
Crimes Committed BEFORE July 1, 2014 |
Crimes Committed AFTER July 1, 2014 |
Murder (in its own class); penalty of 45 to 65 years in prison |
Murder (in its own class); penalty of 45 to 65 years in prison |
Class A felony; penalty of 20 to 50 years in prison |
Level 1 felony; penalty of 20 to 50 years in prison |
Class B felony; penalty of 6 to 20 years in prison |
Level 2 felony; penalty of 10 to 30 years in prison |
Class C felony; penalty of 2 to 8 years in prison |
Level 3 felony; penalty of 3 to 20 years in prison |
Class D felony; penalty of 6 months to 3 years |
Level 4 felony; penalty of 2 to 12 years in prison |
|
Level 5 felony; penalty of 1 to 6 years in prison |
|
Level 6 felony; penalty of 6 months to 2.5 years |
Not all these felonies qualify for criminal record expungement, though. You’re generally not allowed to expunge convictions related to:
- Sex crimes
- Homicide
- Human trafficking
- Official misconduct
- Violence (with some exceptions)
What About Waiting Periods for Expunging Felonies in Indiana?
You’re always subject to waiting periods when you want to expunge a felony in Indiana. For most felonies, the state requires you to wait at least eight years before petitioning for expungement. (And for the record, you must usually wait at least five years before asking to expunge misdemeanors.)
Related: Expunging a juvenile record in Indiana
Expungement in Indiana: A Once-in-a-Lifetime Chance
In the state of Indiana, you may only expunge your record once throughout the course of your life. That means if you expunge your record now and commit another crime in the future, you’re stuck with it. You can’t apply to expunge more than once in your lifetime. (Note: You’re allowed to expunge all arrests or charges that never led to a conviction – there’s no limit on expunging those.)
But just because you may only apply for Indiana expungement once in your lifetime, that doesn’t mean that you may only expunge one crime or crimes in only one jurisdiction. You’re allowed to file petitions for every eligible conviction across the state within a year of each other. For example, if you have records in Elkhart County, Vanderburgh County and Lake County, you may file expungement petitions in each of them – as long as you do it within the span of a year. (So if you file one petition on January 1 of this year, you must have your last petition in by January 1 of next year.)
Related: Indiana expungement and sealing FAQ
Doing the Math: Knowing When to Apply for Expungement for More Than One Felony
Because you must wait a certain period of time after a conviction before applying for expungement, it makes sense to do a few calculations if you have more than one felony on your record.
Here’s an example:
Sherry committed one expungable crime in 2008. That crime became eligible for expungement in 2016. She committed another crime in 2012, which wasn’t expungable until 2020. In this case, it didn’t make sense for Sherry to apply for expungement in 2016 because her second crime wasn’t eligible for expungement at that time. As long as she waited until 2020 (or later), she could expunge both crimes.
Again, you have only one shot to expunge your convictions in Indiana. If you wait the appropriate amount of time (and if all your convictions qualify for expungement), you may be able to clear your entire criminal record.
Do You Need to Talk to an Indiana Expungement and Sealing Attorney?
If you’re ready for a fresh start, we may be able to help. Call us at 317-647-5476 or fill out the form below for a free consultation on expungement. We’re here to answer your questions and get you the fresh start you deserve.