NOTE: This law has been repealed and replaced by Indiana's new Expungement Law effective July 1, 2013
Indiana's expungement statute is very limited and primarily only provides relief to persons who were arrested, but not charged with a crime. However, a new Indiana law took effect on July 1, 2011 which allows a person to petition a court to restrict access to a person’s criminal record. The new law falls short of expungement ( i.e. police will still be able to see the records). However, if a court orders a person's records to be restricted under this law, the person may legally state on an application for employment that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.
Indiana's limited expungement statute has placed those convicted of crimes at a disadvantage in the job market. This new law allowing criminal convictions to be sealed will dramatically help people in search of jobs, promotions, and community positions who have been disadvantaged by misdemeanor or felony crimes that could not be expunged.
Many people convicted of crimes in Indiana have sought expungement of their criminal records, only to find out they were not eligible for expungement. If you have been convicted of a misdemeanor or Class D felony in Indiana, and eight (8) years have passed since you completed your sentence, or you have been acquitted at trial or had criminal charges dismissed, you may be eligible to restrict access to your criminal history.
Contact attorney Brett Gibson for a free initial consultation or phone conference at 765-742-8440 or by e-mail at bg@bbgibson.com. Brett Gibson is a Lafayette, Indiana attorney with a statewide practice. Gibson Law Office is located at 133 N 4th Street, Suite 73, Lafayette, IN 47901.
