Second Chances: An Overview of Expungement in Indiana

For many individuals, records of past arrests or convictions may appear on background checks long after the case is resolved, creating barriers to employment, housing, and educational opportunities. Luckily, Indiana law provides a way to limit or remove public records through a legal process known as “expungement.”

General Requirements for Expungement in Indiana

To qualify for expungement in Indiana, there are three basic requirements that must be met:

1. All fines, fees, and other court costs associated with the case must be paid in full.

2. The statutory waiting period for each offense must be met. The waiting period is calculated from the date of the most recent conviction.

3. At the time the individual files for expungement, they cannot be involved in any pending cases, and cannot have any active warrants issued for their arrest.

Additionally, convictions may only be expunged once in a person’s lifetime. An individual with multiple convictions should wait until every case becomes eligible before filing for expungement. This rule does not apply, however, to arrests and dismissals, which can be expunged without restriction.

Eligibility by Type of Crime

The waiting period requirement differs by the type of case:

1. Arrests and Dismissals. This applies in cases where charges were never filed or were dismissed (but a record of the arrest or charge still exists). These cases require a one-year waiting period before expungement. Additionally, at the time of filing for expungement, the individual cannot be in a pretrial diversion program.

2. Misdemeanors. Misdemeanor convictions require a five-year waiting period. This category also applies to Class D or Level 6 felonies that were reduced to a misdemeanor.

3. Level 6 and Class D Felonies. These cases require an eight-year waiting period.

4. Higher Level Felonies. For Level 1-5 or Class A-C felonies, the required waiting period is either eight-years from the date of conviction, or three-years from completion of sentence (including probation). Additionally, Indiana law imposes two specific conditions for expungement of higher level felonies. First, unlike prior categories, expungement of these cases discretionary, meaning the court may choose whether to grant or deny the petition. Second, if the expungement is granted, the record will remain visible to the public but be clearly marked as “expunged.”

5. Higher Level Felonies Involving Serious Bodily Injury. These cases are subject to the same requirements as other higher level felonies, but require a longer waiting period of ten-years.

6. Collateral Actions. Administrative cases, such as records of probation transfers, can be expunged independently after the underlying criminal case has been expunged.

If you have questions about expungement, an Indiana criminal expungement attorney at McNeely Law can help you determine your eligibility and navigate the expungement process. Contact McNeely Law to schedule a case evaluation and to learn more about your options by calling (317) 825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.