Jump to Navigation

Providing legal services to Hamilton County Indiana since 1931

Expungements

For years, people would contact us requesting assistance with expunging their adult criminal conviction records, and we would have to advise them that Indiana did not permit the expungement of adult records. Fortunately, the 2013 session of the Indiana General Assembly brought about new legislation that allows individuals to expunge adult criminal conviction records. The provisions for the expungement of adult criminal conviction records became effective on July 1, 2013 and have continued to be refined and updated since then. As of July 1, 2015, the provisions of the Indiana expungement statute apply as follows:

ARRESTS:

If an individual has been arrested, charged with an offense, or alleged to be a delinquent child and the arrest, criminal charge, or juvenile delinquency allegation did not result in a conviction or juvenile adjudication, he or she may petition the court for expungement of the records related to the arrest, criminal charge, or juvenile delinquency allegation. To qualify for an expungement of the arrest, criminal charge, or juvenile delinquency allegation, the individual must meet the following requirements:

  1. The arrest, criminal charge, or juvenile delinquency allegation did not result in a conviction or juvenile adjudication or the conviction/juvenile adjudication was vacated on appeal;
  2. The person is not currently participating in a pretrial diversion program;
  3. One (1) year has passed since the date of the arrest, criminal charge, or juvenile delinquency allegation ( whichever is later); and
  4. No criminal charges are pending against the person.

If all of the conditions are met, then the court shall expunge the arrest, criminal charge, or juvenile delinquency allegations listed in the petition.

MISDEMEANORS:

If an individual has been convicted of a misdemeanor, including a Class D/Level 6 felony which was later reduced to a misdemeanor, he or she may petition the sentencing court to expunge the conviction records no earlier than five (5) years after the date of conviction. To qualify for the expungement of adult criminal conviction records, the individual must meet the following requirements:

  1. No charges are pending against the person at the time of the petition;
  2. The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  3. The person has not been convicted of a crime within the five (5) years immediately preceding the filing of the petition.

If all conditions are met, then the court shall expunge the adult convictions listed in the petition. However, please note that expungement of a crime of domestic violence does not restore a person's right to possess a firearm. The right of a person convicted of domestic violence to possess a firearm may be restored only in accordance with IC 35-47-4-7.

FELONIES:

If an individual has been convicted of a Class D/Level 6 felony offense and the individual is NOT one of the following:

  1. An elected official convicted of an offense while serving the official's term or as a candidate for public office;
  2. A sex or violent offender;
  3. A person convicted of a felony that resulted in bodily injury to another person;
  4. A person convicted of perjury or official misconduct; or
  5. A person convicted Homicide, Human and Sexual Trafficking, or a Sex Crime,
  6. A person convicted of two (2) or more felony offenses that involved the unlawful use of a deadly weapon and were not committed as part of the same episode of criminal conduct.

then the person may petition the sentencing court to expunge the individual's conviction records not earlier than eight (8) years after the date of conviction.

To qualify for the expungement of adult criminal conviction records, the individual must meet the following requirements:

  1. No charges are pending against the person at the time of the petition;
  2. The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  3. The person has not been convicted of a crime within the eight (8) years immediately preceding the filing of the petition.

If all of the above conditions are met and the individual was convicted of a Class D/Level 6 felony, then the court shall order the expungement of the Class D/Level 6 felony conviction records listed in the petition.

If an individual has been convicted of a greater felony offense and the individual is NOT one of the following:

  1. An elected official convicted of an offense while serving the official's term or as a candidate for public office;
  2. A sex or violent offender;
  3. A person convicted of a felony that resulted in serious bodily injury to another person;
  4. A person convicted of official misconduct;
  5. A person convicted Homicide, Human and Sexual Trafficking, or a Sex Crime; or
  6. A person convicted of two (2) or more felony offenses that involved the unlawful use of a deadly weapon and were not committed as part of the same episode of criminal conduct,

then the person may petition the sentencing court to expunge the individual's conviction records not earlier than the later of eight (8) years from the date of conviction, or three (3) years from the completion of the person's sentence.

To qualify for the expungement of adult criminal conviction records, the individual must meet the following requirements:

  1. No charges are pending against the person at the time of the petition;
  2. The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  3. The person has not been convicted of a crime within the eight (8) years immediately preceding the filing of the petition.

If all of the above conditions are met and the individual was convicted of a Class C/Level 5 felony or greater, then the court may order the expungement of the felony conviction records listed in the petition.

In addition to the situations described above, there may be other situations in which an individual's adult conviction records may be expunged. However, please note that an expungement of a felony offense will not restore any firearms rights pursuant to federal law. Thus Individuals who successfully expunge their felony convictions still may not possess/own a firearm or ammunition.

INFORMATION APPLICABLE TO MISDEMEANOR AND FELONY CONVICTIONS:

A petition to expunge adult criminal conviction records is a new civil proceeding. Because it is a new proceeding, the individual seeking to expunge adult conviction records must pay the required filing fee for a civil action. This filing fee cannot be reduced or waived by the court or county clerk. However, there is not a filing fee for individuals who seek to expunge an arrest, criminal charge, or juvenile delinquency allegation that did not result in a conviction.

Multiple convictions can be expunged, even if those convictions occurred in different counties. However, an individual may only expunge adult criminal convictions once in his or her lifetime. Additionally, if an individual petitions for expungement of adult felony conviction records but the court denies the petition under the court's discretion, then the individual must wait at least three (3) years before again attempting to expunge his or her adult felony conviction records.

If you have been convicted of a criminal offense in Indiana, the expungement of your conviction records may beneficial to you. Once your records are expunged, information regarding the expunged convictions will no longer be available to the general public or potential employers. If you are interested in learning more about the expungement process, or in pursuing the expungement of your adult conviction records, please contact us. We will be happy to discuss your individual case and provide you legal advice tailored to your specific needs.