Seeking expungement in Indiana

On Behalf of | Jan 27, 2021 | Criminal Defense |

Indiana laws allow expungement or sealing of many types of criminal history. However, the state only lets you apply for expungement once so you must complete the paperwork correctly or risk denial.

Review the process of expungement in Indiana before you file your legal petition.

Eligibility for expungement

If you received a dismissal of a past criminal charge, this case will not appear on your criminal record after expungement. You may also qualify for complete expungement for Class A misdemeanors and Class D felonies that did not involve bodily harm to another person.

If you have a Class D felony involving bodily injury or a Class A, B or C felony, you can apply for expungement in Indiana. These charges will remain on your record but the court will mark them expunged.

You must wait a year to request expungement for arrests if the court did not convict you. For convictions, you must wait five to 10 years depending on the circumstances of your case.

The legal process

You or your attorney can file a petition for expungement in the local court where you received your original charges. The court will forward the petition to the Indiana State Police, who will reach out if they need additional information about your expungement request. For example, you may have to provide a case summary for each of your previous arrests, a copy of your driving record and criminal background history.

The ISP may also ask for proof that you have paid all required fines, completed community service and otherwise fulfilled the terms of your conviction. Gathering these documents before you request expungement can potentially expedite the review and approval process.