Indiana Expungement Laws allow you to expunge your arrests, criminal charges, and criminal convictions under certain circumstances. There are five important considerations:
1) Are you expunging an arrest or a criminal charge that did not result in a conviction? If so, you are eligible to expunge your arrest or criminal charge if it has been at least 1 year since you were arrested or charged, and you are not currently pending criminal charges. Also, you cannot currently be participating in a pretrial diversion program;
2) Were you convicted of a misdemeanor? If so, you have to wait at least five years from the date of your conviction, to expunge your criminal history. You also cannot be currently pending charges, cannot have been convicted of any crime within the last 5 years, and you must have paid all your fines, fees, and costs associated with your conviction. If you meet those requirements, the Court must grant your expungement and does not have discretion to deny your expungement request;
3) Were you convicted of a Class D Felony (pre-2014) or a Level 6 Felony (post-2014)? If that’s the case, you must wait at least 8 years after your date of conviction. Just like a misdemeanor, you cannot have been convicted of any crime within the last 8 years, cannot be currently pending charges, and must have paid all your fines, fees, and costs associated with your conviction. Furthermore, you cannot have been convicted of a Class D Felony or Level 6 Felony that involved sex offenses, violent offenses, official misconduct, homicide offenses, or human and sexual trafficking offenses. Those convictions are ineligible to be expunged. Just like misdemeanors, if you meet all the eligibility requirements the Court does not have discretion to deny your request to expunge your Class D or Level 6 Felony;
4) Were you convicted of a Class C, B, or A Felony (pre-2014) or a Level 5, 4, 3, 2, 1 Felony (post-2014)? If this applies, you must wait at least 8 years after your date of conviction and the same requirements of a Class D Felony or Level 6 Felony apply. However, the Court now has discretion to grant or deny your request. Meaning you will have to show up to a hearing and explain to the Court how you have changed your life around, and why the Court should grant your request. If the Court denies your request, you reapply every 3 years after the denial, until the Court eventually grants your request; and
5) Are you expunging a crime based on official misconduct or a violent crime? If so, you must wait at least 10 years from the date of conviction. Also, the same requirements for all other Felonies apply with the added requirement that the prosecutor MUST consent in writing to filing your expungement. Even if the prosecutor consents in writing, the Court still has discretion to grant or deny your request.
There are a lot of pitfalls and requirements that need to be addressed in any expungement matter in Indiana. You should contact a qualified expungement attorney in Indiana if you have specific questions. This blog is for educational purposes only, and is not intended as legal advice. Furthermore, this blog is not intended to create an attorney-client relationship between the author and reader.m here.