Expungement

of Arrest and Conviction Records in Indiana

On March 26, 2014, a new Indiana expungement law took effect that permits all misdemeanor and most felony convictions to be expunged. Expungement restores a person’s civil rights and requires that he or she be treated as if the person had never been convicted. Furthermore, a person may not be questioned about expunged criminal conviction records in an application for employment.

How Many Cases Can I Expunge in Indiana

A person can expunge an unlimited number of criminal convictions, including offenses in multiple counties. However, a person may only file one petition for expungement of conviction records in his or her lifetime (which can include multiple convictions). If a person has convictions in more than one county, all petitions must be filed within 365 days.

When can I expunge my arrest and criminal records in Indiana?

1 year after the date of arrest, arrest records that did not result in conviction can be expunged. This includes cases that were dismissed following the completion of a diversion agreement.
5 years after the date of conviction, misdemeanor convictions can be expunged. This includes Class D felony and Level 6 felony convictions that were reduced to a misdemeanor.
8 years after the date of conviction, most non-violent Class D and Level 6 felony convictions can be expunged.
8 to 10 years from the date of conviction or 3 to 5 years after completing one’s sentence, many major felonies can now be expunged. The waiting period depends upon the nature of the offense.

Benefits of Expunging Misdemeanor and Non-Violent Felony Conviction Records

Court records are sealed
The case is removed from on-line court dockets
State Police seal the expunged records from the criminal history database
It is unlawful discrimination for employers to ask about expunged records in a job application
It is unlawful discrimination to refuse to employ or issue a license to a person based on expunged records
Civil Rights are restored
Restoration as a proper person under IC 35-47-1-7(2), which is necessary to restore gun rights (if convicted of domestic violence, expungement alone will not restore gun rights)
Removal of social stigma of a criminal conviction

How does expungement affect my Indiana driving record?

When operating while intoxicated and other traffic convictions are expunged, the BMV must expunge the records from public access. However, the expungement of a misdemeanor, Class D felony, or Level 6 felony conviction does not set aside an existing or pending driver’s license suspension. Nevertheless, a person with a pending license suspension can apply for specialized driving privileges.

FREE LEGAL CONSULTATION

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You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.