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Do you have questions about expunging your record in Indiana? Our expert attorneys have answered the most commonly asked questions for you! Simply click on one of the questions below to see its answer. If you are ready to get your record expunged or would like to learn more about your options, please visit our Indiana expungement service page. If you would like to find out if your record is eligible for expungement, please take our free online eligibility test.
Simply click on a question to see its answer:
Nothing for the purposes of Indiana Expungement. State law regularly refers to 'expungement', but for practical purposes, expunged records are sealed from public view.
Once arrests without conviction, convictions for misdemeanors, Class D felonies, or Level 6 felonies are expunged, the arresting agency, bureau of motor vehicles, court, department of correction, Indiana State Police, and any other entity involved in the case, are ordered to seal any records concerning the person's conviction. Once sealed, that information may only be disclosed under limited circumstances or by order of a judge (IC 35-38-9-6(3)).
For other felonies, the records are annotated as ‘expunged’ by the court and Indiana State Police, but remain public record and expungement does not prevent the bureau of motor vehicles from continuing to use the record. (IC 35-38-9-7).
For most purposes, you may treat an expunged case as thought it never occurred. However, law enforcement agencies, probation/supervision agencies, and corrections agencies can still access expunged cases for their hiring. Furthermore, the expunged case can be used against you in future prosecution (IC 35-38-9-10). Otherwise, you may then legally state that you were never arrested for or convicted of the crime after you are granted an expungement.
If you have satisfied the other eligibility requirements, we can expunge your conviction regardless of whether you pled guilty or no contest.
If you do not know what is on your record or exactly how your case was resolved, we would be happy to work with you to get a copy of your record and to determine what can be done. We charge a researching fee, which we will then apply to the cost of any service that you hire us to perform.
In Indiana, you may only receive "one" expungement in your lifetime for convictions. However, you may have as many eligible convictions you have on your record expunged, that "one" time. Multiple convictions that occurred in the same court should be filed together, convictions that occurred in other counties or courts must be filed within 365 days of filing your first expungement petition. There is no limit on how many arrests you may have expunged.
We do offer a discount if you sign up for multiple cases with our firm, please contact us to discuss pricing for your cases.
Cases are denied for the following reasons: (1) there was an inaccuracy in the court file, (2) there is an inaccuracy in the application, (3) additional charges are pending, (4) the person has not yet met the required waiting period to become eligible.
You can only expunge certain federal case, including if the conviction was wrongful or unconstitutional. Our firm does not handle federal expungement cases.
No, you not need to attend court. We will send an attorney on your behalf. If the court does request your presence and you are unable to attend, then we will file a motion requesting that your presence be excused.
A petition for expungement of conviction records must be filed in the sentencing court. (35-38-9) A petition for expungement of arrest records can either be filed in the court where charges were brought, or if no charges were filed, in the court that has jurisdiction in the county where the arrest occurred. (IC 35-38-5-1(b))
The average Indiana expungement takes approximately four to six months. While that is the average timeframe, some expungements will be completed more quickly and some will take longer, depending on the facts of the case, whether the DA agrees or objects, and the age of the case, etc. We will do everything we can to get your case completed as quickly as we can.
The courts work on cases as they get them. The sooner you get started, the sooner your case can be granted. Also, if it is helpful, will gladly write your employer or potential employer a letter letting them know we are in the process of having your case expunged.
You will receive a court order signed by the judge and then depending on the kind of case you requested for expungement, the relief varies.
Once arrests without conviction, convictions for misdemeanors, Class D felonies, or Level 6 felonies are expunged, the arresting agency, bureau of motor vehicles, court, department of correction, Indiana State Police, arresting agency, and any other entity involved in the case, are ordered to seal any records concerning the person's conviction. Once sealed, that information may only be disclosed under limited circumstances or by order of a judge (IC 35-38-9-6(3)).
For other felonies, the records are annotated as ‘expunged’ by the court and Indiana State Police, but remain public record and expungement does not prevent the bureau of motor vehicles from continuing to use the record. (IC 35-38-9-7).
For most purposes, you may treat an expunged case as thought it never occurred. However, law enforcement agencies, probation/supervision agencies, and corrections agencies can still access expunged cases for their hiring. Furthermore, the expunged case can be used against you in future prosecution (IC 35-38-9-10). Otherwise, you may then legally state that you were never arrested for or convicted of the crime after you are granted an expungement.
If your case is denied, we will determine the reason for the denial and let you know what we think the best course of action is at that point. Sometimes we will encourage you to refile with additional supporting information or we may suggest waiting longer to refile to allow more time to have passed. If we do not think immediately refiling will be successful, some services also come with a money-back guarantee.
In the unlikely case that your expungement is denied, we have a money-back guarantee for certain services. Please view the pricing for details regarding the money-back guarantee.
You do not have to disclose the case and can answer with confidence to any inquiry or to an application for employment that you have not been arrested or convicted of any case that has been expunged. The case shall be treated for all purposes as if the person had not been arrested for or convicted of the felony or misdemeanor recorded in the expunged records. (IC 35-38-9) It is unlawful for anyone to refuse to employ, grant or renew a license, or discriminate against a person due to an expunged or sealed record. (IC 35-38-9-10) However, law enforcement agencies, probation departments, and community corrections departments may continue to use expunged records for their hiring practices or volunteers.
The Canadian and United States governments have entered into an information sharing agreement, so the Canadian government will have access to the information the United States has on file. We suggest clearing your criminal record to the fullest extent possible before submitting to a background check or crossing the border. An Indiana expungement will show that the matter was resolved and no longer considered a conviction; this will improve the odds of being granted entry to Canada.
You can vote if you are not currently imprisoned. In order to be eligible to register to vote, you must:
• be a citizen of the United States,
• be at least 18 years old on the day of the next general, municipal, or special election,
• have lived in your precinct for at least 30 days before the next general, municipal, or special election (except for certain military voters); and
• not currently be imprisoned after being convicted of a crime.
https://indianavoters.in.gov/publicsite/ovr/introduction.aspx
Yes, after expungement all your civil rights are restored, including the right to vote, hold public office, and serve as a juror. (IC 35-38-9-10(b))
Each person's case is unique, because of this, you need to get an individualized analysis that is tailored to your specific situation. To find out if your criminal conviction impacts your immigration case and if an expungement could help with your immigration case, contact a qualified immigration attorney. You can reach our immigration attorney at 714-617-8395.
Yes. The current version of the Indiana expungement statute restores firearm rights. The United States Department of Justice has accepted expungement for purposes of firearm rights restoration since 2015.
There is also a process to restore firearm rights for those convicted of misdemeanor domestic violence offenses in Indiana. Please visit our Firearm Rights Restoration page for more information on that service.
Yes. If the court grants the expungement, then the court will order the Bureau of Motor Vehicles to prohibit the release of the person's records relating to the expunged case without a court order. However, it will not effect or remove an existing or pending driver's license suspension on your driving record, even if related to the expunged case. (IC 35-38-9) Also, an expungement order does not prevent the Indiana BMV from reporting conviction information to the Commercial Drivers License Information System (CDLIS) in compliance with IC 9-24-6-2(d).
In Indiana, you may serve on a jury if you 1) are a United States citizen, 2) are at least eighteen years of age, 3) are a resident of the summoning county, 4) are able to read, speak, and understand the English language, 5) are not suffering from a physical or mental disability that would prevent you from satisfactorily carrying out the duties of a juror, 6) are not under a guardianship appointment because of mental incapacity, 7) are not a person who has had your rights revoked due to a felony conviction, unless your rights have been restored, 8) are not a law enforcement officer if the trial is for a criminal case.
http://www.in.gov/judiciary/rules/jury/ http://www.nacdl.org/uploadedFiles/files/resourcecenter/2012restorationproject/statenarr_in.pdf
In most instances, no, the record will not show up. However, the effect of the expungement varies depending on whether you were convicted of the offense and the level of the offense. For an arrest record, if you receive an expungement, your fingerprints, photographs, and arrest records are not available to the public and no information concerning the arrest can be retained in the state repository for criminal history information. (IC 35-38-5-3) If your arrest record is sealed, then all files of the case are sealed and only criminal justice agencies will have access to your record without a court order. (IC 35-38-9-1)
For a conviction expungement, of a misdemeanor or felony D, the expungement will prohibit the release of the records through the Department of Corrections, Bureau of Motor Vehicles, law enforcement agencies, and any other person in possession of the records. No information concerning the conviction may be placed or retained in any central repository for criminal history information and no records may be disclosed without a court order. (IC 35-38-9-6) If the expungement is of a felony conviction other than a class D, the court records and other records relating to the arrest, conviction, or sentence will be marked as expunged. The state police, bureau of motor vehicles, and other law enforcement agencies will add an entry to the criminal history database marking the record as expunged. (IC 35-38-9-7)
The court will send the granted order to all agencies in possession of the records and order them to seal the records.
Once the judge grants your case, the government agencies typically take 30-60 days to update their records. However, you should keep a copy of your granted order just in case you need to later request they update their records.
Yes, if your case is reduced but not expunged, your case will still appear, but the felony will appear as a misdemeanor conviction. If your case is reduced and expunged, then the entire case will appear as a dismissed misdemeanor.
You can state that the case is a misdemeanor case instead of a felony. If, however, you have the case expunged, then you will only have to disclose the conviction in certain circumstances.
Since you will no longer have a felony on your record, your chances of obtaining employment will increase.
Typically, the case takes about four to six months. However, some cases will take less time and some can take more time depending on the details of the case, whether the DA agrees or objects to the petition, the age of the case, etc. We will work as fast as we can to get your petition filed and assist the court and DA in anything they need to get your case heard and decided.
To be eligible for reduction, a person may not have been convicted of a felony since they completed the sentence for the initial Class D Felony.
You will receive a court order reducing the felony conviction. Criminal record databases will be updated to reflect your felony was reduced to a misdemeanor.
Yes, so long as you have no other disqualifying convictions or other prohibitions in Indiana or elsewhere.
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