Expungement of Adult Criminal Records

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.

MISDEMEANORS:

If an individual has been convicted of a Class A misdemeanor, or a Class D felony which was later reduced to a Class 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 does not have an existing or pending driver’s license suspension;

3.       The person has successfully completed the person’s sentence, including any term of supervised release,       

       and has satisfied all obligations placed on the person as part of the sentence; and

4.       The person has not been convicted of a crime within the five (5) years immediately preceding the filing of        

       the petition.

If all of the above conditions are met, then the court shall expunge the adult convictions listed in the petition.

FELONIES:

If an individual has been convicted of a 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,

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 does not have an existing or pending driver’s license suspension;

3.       The person has successfully completed the person’s sentence, including any term of supervised release, 

      and has satisfied all obligations placed on the person as part of the sentence; and

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

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. 

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 conviction records but does not qualify for expungement at the time of the petition, then the individual must wait at least three (3) years before again attempting to expunge his or her adult 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.  In addition to the situations described above, there may be other situations in which an individual’s adult conviction records may be expunged.  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.