An Overview of Indiana Law: Expungements

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Indiana’s expungement law was rewritten in 2013 to allow for the possibility of expunging most criminal offenses after the passage of a period of time. Codified under Indiana Code § 35-38-9, there are five different “Sections” or types of expungements available to people in Indiana.

Section 1 – Arrest Records

A Section 1 Expungement applies in cases where a person was arrested but not charged with a crime, or where a person was charged with a crime but the charges were later dismissed or the person was found not guilty. This type of expungement has the shortest waiting period, and a person can file for the expungement one year after the date of their arrest or the date on which their dismissed charges were filed.

Section 2 – Misdemeanor Convictions

A Section 2 Expungement applies where a person has been convicted of a Misdemeanor offense. A person with a misdemeanor conviction can file for an expungement five years after the date of their conviction.

Section 3 – Class D / Level 6 Felony Convictions

A Section 3 Expungement applies in cases where a person has a Class D Felony or a Level 6 Felony. A person with these types of convictions can file for an expungement eight years after the date of their conviction.

Section 4 – General Felony Convictions

A Section 4 Expungement will apply to most other felony convictions. Like a Section 3 Expungement, a person with these types of convictions will need to wait until eight years have passed since their conviction before they’re eligible to file, AND they will have to be three years removed from having completed ALL of their sentencing requirements, including any probation or parole.

Section 5 – Serious Felony Convictions

A Section 5 Expungement applies to the most serious felony convictions, including felonies resulting in injury to other people. People with these types of convictions have the most requirements placed on them, including waiting at least 10 years from the date of their conviction before filing for the expungement, being at least 5 years past completing any sentencing obligations such as probation or parole, AND they require the permission of the County Prosecutor to even file the Petition.

Limitations on Expungement

Like most things in the law, there are limits on the Expungement Statute. First, certain offenses are ineligible for expungement. Official Misconduct, any Sex Offense, Felonies Resulting in Death, and any conviction that would require registering as a Violent Offender are NOT eligible for expungement. Additionally, a person can only get ONE expungement, ever, and any convictions entered after getting an expungement will remain visible forever.

Benefits of an Expungement

According to the United States Department of Justice, there are 790 consequences of having a criminal conviction in Indiana, which can include being denied employment, being denied housing, and being denied certain types of financial aid. Having an expungement helps resolve those issues. Section 1, 2, and 3 Expungements are permanently sealed, meaning that they won’t show up on private background checks. Section 4 and 5 Expungements remain public records, but are clearly marked “EXPUNGED.” Having an expungement authorizes you under Indiana Law to mark “NO” when asked about whether you have a criminal record, and an expungement will also restore your civil rights, including the right to own a firearm.

Why Hire an Attorney?

The simplest answer is to make sure that this is done correctly. Having a Petition for Expungement denied or rejected for a material defect can cause you to wait up to a year before refiling. An attorney is unlikely to make such a mistake. Additionally, with Indiana using an electronic filing system, you would be required to create your own account and learn how to upload and serve the documents on the correct parties yourself. An attorney already knows how to do this. Finally, since the courts are using that electronic filing system, electronic signatures are commonly accepted if they come from attorney’s offices, meaning that your attorney may be able to complete this process for you without the need for you to leave the comfort of your own home.

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