Indiana Expungement Eligibility

Fort Worth attorney explains the criteria for expunging criminal records

Even if you were convicted of a crime, you might be able to expunge your criminal record. That means the record is removed from government databases and cannot be accessed by the public. However, the eligibility rules for expungement in Indiana are complicated. The Law Offices of Ryan E. Lackey has the knowledge and experience you need to make the best case possible for expunging your criminal record.

Types of records eligible for expungement in Indiana

You may be entitled to the expungement or sealing of a criminal record relating to the following:

• An arrest
• A criminal charge or vacated conviction
• A juvenile delinquency allegation or a vacated juvenile delinquency adjudication
• A conviction of an eligible misdemeanor or felony 

An expungement covers files of the court, department of corrections, bureau of motor vehicles and any provider of treatment or services to you under a court order.

Waiting periods for expunging a criminal record

 You generally must wait a certain number of years before filing a petition for expungement. These are the basic waiting periods:

• No conviction of a crime or adjudication as a juvenile delinquent — One year from arrest
• Conviction or juvenile delinquency adjudication vacated on appeal — One year from vacatur
• Conviction of a misdemeanor, including one reduced from a felony — Five years after conviction
• Conviction of Class D or Level 6 felony — Eight years after conviction
• Conviction of felony committed while seeking or serving in elective office — 10 years after conviction or 10 years after completion of sentence
• Conviction of felony causing serious bodily injury — 10 years after conviction or 10 years after completion of sentence
• Other felonies — Eight years after conviction or three years after completion of sentence for certain other less serious felonies

These time periods can be shorter if the prosecuting attorney gives you written permission to petition for expungement earlier. We will seek a shortening of the timeline for the expungement process whenever possible.

Requirements for expunging a criminal record in Indiana 

In addition to the waiting period, you must meet certain requirements in order to expunge records of a conviction that has not been overturned on appeal.  You must show all of the following:

• You have no pending charges against you.
• You have paid all fines, fees, restitution and court costs imposed against you as a result of your conviction.
• You have no new convictions on your record.
• You have not been convicted of committing two felonies involving a deadly weapon in separate incidents.
• You did not commit a violent or sexual crime.

There are additional requirements if you’re seeking the expungement of DNA evidence You must not have been convicted of a felony or your felony must have been reduced to a misdemeanor. In addition, there cannot be any new felony charges pending against you. We can determine if you meet these and any other requirements for expungement.

Convictions that are not eligible for expungement in Indiana

You’re generally ineligible to expunge convictions for the following crimes:

• Homicide
• Crimes that cause bodily injury
• Human trafficking
• Perjury
• Crimes committed while running for or serving in elective office

However, you can seek to expunge these crimes if the prosecuting attorney grants you permission to do so. We can determine the convictions that are eligible to be expunged and work to obtain prosecutorial approval of your right to expunge in appropriate cases.

Limitations on an Indiana expungement

You may request expungement of more than one offense at a time, but once you petition to expunge criminal records, you usually may not seek expungement of any criminal record not included in it, except on very narrow grounds. We will make our best efforts to obtain expungement of all eligible offenses in any petition we file on your behalf.

Get a veteran Indiana expungement eligibility attorney on your side

The Law Offices of Ryan E. Lackey provides sound advice and effective representation on expungements in Indiana. For a free consultation, please contact the firm online or call us at 260-222-7364.