Want to have a criminal arrest or conviction expunged from your record? The best way to succeed is to retain an experienced Indiana expungement attorney.
The experienced expungement attorneys at Gemma & Karimi have processed hundreds of expungement petitions with an excellent record over the years. Our expungement law attorneys will shepherd your expungement petition carefully through the legal process to ensure that it is handled flawlessly. Interested in expunging an arrest or conviction from your record? Contact us today at (317) 602-5970 for an immediate legal consultation. Our criminal defense attorneys were named to the Super Lawyers Rising Star List in 2018, 2019, and 2020.
Understanding Expungement Law in Indiana
Indiana’s expungement law, often called the “Second Chance Law,” allows individuals to seal or clear certain criminal records, offering a fresh start by reducing the long-term impact of past mistakes. This law is designed to help people move forward without the burden of a criminal history affecting opportunities like employment, housing, or education. Here’s a breakdown of how it works.
Expungement Eligibility
Eligibility for expungement depends on the type of record and the circumstances. For arrests or charges that didn’t lead to a conviction, such as cases dismissed, acquitted, or resolved through a pretrial diversion program, expungement is possible after a one-year waiting period from the date of arrest or charges, assuming no new charges are pending.
A significant update in 2022 made this process automatic for arrests after June 30, 2022, that don’t result in charges within 180 days or for charges dismissed or acquitted after that date. Expungement occurs 60 days after the resolution unless the prosecutor objects.
Expungement for Convictions Varies
For convictions, the rules vary by offense level. Misdemeanors and certain low-level felonies can be expunged five years after the conviction date, provided all fines, fees, and restitution are paid and no new convictions or pending charges. Higher-level felonies, such as Class D or Level 6 felonies not reduced to misdemeanors, require an eight-year wait from the conviction date or three years after completing the sentence, whichever is later. More serious felonies may also be eligible after eight years, but approval is discretionary and often requires a hearing and prosecutor consent.
Serious Violent and Sex Crimes Don’t Qualify
Not all offenses qualify. Serious crimes like murder, voluntary manslaughter, sexual offenses, or felonies causing death are ineligible. Neither are convictions involving two or more separate felony incidents with a deadly weapon. Indiana law also limits individuals to one lifetime expungement petition for convictions, so all eligible records must be included in a single filing, across all counties where convictions occurred, within a one-year window.
What Expungement Means
If granted, expungement seals records from public view, meaning they won’t appear on most background checks for jobs or housing. However, law enforcement, courts, and certain agencies can still access them, and they may be unsealed if you face new charges. For employment purposes, you can legally say you haven’t been convicted of an expunged offense in most cases, though exceptions apply for law enforcement jobs.
Rely on an experienced Indiana expungement attorney to help you with the expungement process.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Types of Expungements in Indiana
In Indiana, expungement law provides several pathways to seal or clear criminal records. These different categories aren’t formally labeled in the statutes but are commonly understood based on the sections of the Indiana Code. The major categories for expungement in Indiana are:
Arrests or Charges Without Conviction
This applies to arrests, charges, or juvenile delinquency allegations that didn’t result in a conviction, such as cases dismissed, acquitted, or resolved through pretrial diversion. You can petition to seal these records one year after the arrest or charge date, as long as no charges are currently pending.
Since a 2022 update, this process has been automatic for arrests after June 30, 2022, which don’t lead to charges within 180 days or dismissed or acquitted. Expungement kicks in 60 days after resolution unless the prosecutor objects. Once sealed, these records are gone from public view, though law enforcement retains access.
Misdemeanor Convictions
If you were convicted of a misdemeanor, including felonies reduced to misdemeanors at sentencing, you can petition for expungement five years after the conviction date. You must have no pending charges, no new convictions, and have paid all fines, fees, and restitution. Courts must grant this if you meet the criteria; it’s not discretionary. This wipes the conviction from public background checks, giving you a clean slate for most practical purposes.
Low-Level Felony Convictions
This covers Class D felonies (pre-2014) or Level 6 felonies (post-2014) that weren’t reduced to misdemeanors. The waiting period is eight years from the conviction date or three years after completing your sentence (including probation), whichever is later. You need a clean record like misdemeanors since the conviction and all financial obligations have been settled. Expungement is mandatory if you qualify, sealing the record from public access.
Higher-Level Felony Convictions
For more serious felonies, Class A, B, or C (pre-2014) or Levels 1-5 (post-2014), expungement is possible but more complicated. The same eight-year-from-conviction or three-year-post-sentence timeline applies, with no new convictions or pending charges and all payments cleared. Unlike lower-level offenses, this isn’t automatic; the court has discretion and often requires a hearing. Prosecutors can weigh in, and you’ll need to show rehabilitation, such as steady work or community service, to convince the judge.
Qualifying for expungement may be difficult, but it is best accomplished with your Indiana expungement attorney.
Eligibility for Record Expungement in Indiana
Eligibility for record expungement in Indiana depends on the nature of the situation, including whether it is an arrest or a conviction. Also relevant are the type of offense, your actions since, and how much time has passed:
Arrests or Charges Without Conviction
You’re eligible to expunge records of arrests, charges, or juvenile delinquency allegations that didn’t lead to a conviction if:
- Waiting Period: At least one year has passed since the arrest or charge date.
- No Pending Charges: You have no current charges against you.
- Automatic Option: For arrests after June 30, 2022, that don’t result in charges within 180 days, or for charges dismissed/acquitted after that date, expungement happens automatically 60 days after resolution unless the prosecutor objects. Otherwise, you can petition manually after the one-year mark.
No serious restrictions apply – just time and a clean record since the event.
Convictions
For convictions, eligibility varies by offense level, with stricter rules for more serious crimes. Standard requirements across all conviction types include:
- No New Convictions: You must have no convictions since the one you’re seeking to expunge.
- No Pending Charges: No active cases against you.
- Fines and Fees Paid: All court-ordered financial obligations (fines, fees, restitution) must be settled.
- One-Time Limit: You get one lifetime petition for all convictions, so you must include every eligible conviction across all counties in a single filing within a year.
Misdemeanors
- Eligible Offenses: Any misdemeanor, including felonies reduced to misdemeanors at sentencing.
- Waiting Period: Five years from the conviction date.
- Approval: Mandatory if you meet the criteria – no court discretion.Low-Level Felonies
- Eligible Offenses: Class D Felonies (pre-2014) or Level 6 Felonies (post-2014) not reduced to misdemeanors.
- Waiting Period: Eight years from the conviction date or three years after completing your sentence (including probation), whichever is later.
- Approval: Mandatory if requirements are met.
Higher-Level Felonies
- Eligible Offenses: Class A, B, or C Felonies (pre-2014) or Level 1-5 felonies (post-2014), unless excluded.
- Waiting Period: Eight years from the conviction date or three years after sentence completion, whichever is later.
- Approval: Discretionary – court decides after a hearing, often with prosecutor input. You’ll need to show rehabilitation.
Serious Felonies with Prosecutor Consent
- Eligible Offenses: Some higher-level felonies not covered under mandatory expungement, if the prosecutor agrees.
- Waiting Period: Same as above—eight years from conviction or three years post-sentence.
- Approval: Discretionary, requiring both court approval and prosecutor sign-off.
Ineligible Offenses
Some records can’t be expunged, no matter the circumstances:
- Violent Crimes: Murder, voluntary manslaughter, or felonies causing death.
- Sex Offenses: Most sexual crimes, like rape or child molestation.
- Multiple Deadly Weapon Incidents: Convictions from two or more felony incidents involving a deadly weapon.
- Public Safety Concerns: Offenses deemed too severe for relief, such as embezzlement or public corruption, are often tied to public office or trust.
Expungement eligibility is complex, and whether you qualify depends on your charge/crime, and how you have lived since the incident. An experienced Indiana expungement attorney can review your case for free today and determine if you are eligible for expungement.
The Expungement Process in Indiana
The expungement process in Indiana is a legal path to clear or seal your criminal records. The process varies a bit based on whether you need to expunge a conviction or an arrest, but the process is the same. Here is how the process works, and talk to your expungement lawyer if you have questions:
Step 1: Determine Eligibility
First, you need to confirm you qualify:
- Arrests/Charges Without Conviction: There have been no pending charges for one year since the arrest/charge. This is automatic for post-June 30, 2022 arrests (no charges within 180 days) or dismissed/acquitted cases (60 days post-resolution) unless contested.
- Misdemeanors: Five years since conviction, no new convictions/charges, all fines paid.
- Low-Level Felonies (Class D/Level 6): Eight years from conviction or three years post-sentence, same conditions.
- Higher-Level Felonies: Same timeline, but discretionary and may need prosecutor consent.
- Ineligible: Murder, sex offenses, etc., are ineligible for expungement. To ensure you qualify, your attorney should help you review your criminal record, including dates, offenses, and payment status.
Step 2: Gather Information
You’ll need the following information:
- Criminal History: Get your full record from the Indiana State Police or local court clerk. Include arrests and convictions from all counties.
- Case Details: Docket numbers, conviction dates, and sentencing info for each record you’re targeting.
- Proof of Compliance: Receipts or court docs showing fines, fees, and restitution are paid.
- Personal Evidence: For discretionary cases (higher felonies), collect proof of rehabilitation, including job history, letters of support, or community involvement records.
Step 3: Prepare the Petition
- Form: Indiana doesn’t mandate a statewide form, but most courts use a standard “Petition for Expungement.” Include:
- Your name, contact info, and case details.
- The specific statute that deals with your case.
- A list of all records to expunge.
- Convictions: You get one lifetime chance, so list all eligible convictions across all counties in this petition. File in each county’s court where a conviction occurred.
- Draft Carefully: Errors can delay or derail you. Always have your Indiana expungement attorney draft your expungement documents.
Step 4: File the Petition
- Where: Submit to the court handling the original case (e.g., circuit or superior court in the county of arrest/conviction).
- Fees are around $157-$200 per county, payable at filing. Some counties waive fees for indigent petitioners. Ask about a fee waiver if you qualify.
- Copies: File the original plus copies for the prosecutor and Indiana State Police, who get notice.
Step 5: Prosecutor Review
- Notification: The court sends your petition to the prosecutor, who has 30 days to object.
- Arrests: Rarely contested unless new charges pop up.
- Misdemeanors/Low-Level Felonies: Objections are uncommon if you meet mandatory criteria.
- Higher Felonies: Prosecutors often weigh in, mainly if discretionary. They might negotiate or push for a hearing.
Step 6: Court Decision
- No Hearing, in most cases: If the paperwork is satisfactory, arrests and mandatory expungements (misdemeanors, low-level felonies) are often approved without a hearing.
- Hearing may be needed sometimes: Higher-level felonies or contested cases require you to appear. Your attorney will argue your case, highlight rehabilitation, and compliance. The judge decides based on evidence and the prosecutor’s input.
- Timeline: Approval can take weeks to months, depending on court backlog and complexity.
Step 7: After Approval
- Order Issued: The court notifies the State Police, BMV, and other agencies to seal your records.
- Effect: Sealed from public view—employers or landlords won’t see it on standard checks. In most cases, you can deny the expunged event (except e.g. law enforcement jobs).
- Limits: Records aren’t destroyed. The courts and police can still access them, and they may be unsealed if you re-offend.
The expungement process is complicated and many things can go awry if you do not retain an experienced Indiana expungement attorney. Gemma & Karimi have successfully helped many clients charged and convicted of serious crimes with expungement. They can do the same for you, and you will rest assured knowing your expungement process will go off without a hitch.
Why Hire an Indianapolis Expungement Lawyer
Hiring an Indianapolis expungement lawyer at Gemma & Karimi Law will dramatically affect your expungement success. Expungement laws and processes are complicated for non-attorneys to understand. Our criminal defense attorneys have decades of experience with Indiana expungement and will ensure that your expungement is handled flawlessly. Advantages of hiring a skilled Indiana expungement attorney include:
Expertise in the Law
Indiana’s expungement statutes are detailed and specific, your eligibility hinges on offense type, waiting periods, and compliance with conditions like paid fines. An Indiana expungement attorney knows the ins and outs:
- Eligibility: They can quickly assess if your arrest or conviction qualifies, and spot exclusions like sex offenses or multiple deadly weapon incidents.
- Updates: Your Indiana expungement attorney knows all the current laws, like the 2022 automatic expungement for non-conviction arrests after June 30, 2022, ensuring you don’t miss shortcuts or misstep on deadlines.
Avoiding Costly Mistakes
The expungement process is unforgiving, especially for convictions:
- One-Time Rule: You get one lifetime petition for convictions, requiring all eligible records across all counties to be included within a year. If you miss a record or a county, you can never qualify for expungement again. Your Indiana expungement attorney ensures your expungement petition is completed and filed correctly.
- Paperwork Precision: Petitions need exact case details, statutes, and proof. Errors, like citing the wrong code or missing a docket number, can lead to rejection. An experienced Indiana expungement attorney gets it right the first time.
Handling Complex Cases
Not all expungements are simple:
- Higher-Level Felonies: These are discretionary, often requiring a hearing and prosecutor consent. An Indianapolis lawyer can build a compelling case—highlighting your job stability or clean record since—to sway the court.
- Prosecutor Pushback: If the state objects, which is common for a felony case, a lawyer knows how to negotiate or argue effectively, something a layperson might fumble.
- Multi-County Filings: Indianapolis pros handle cases spanning Marion County and beyond, coordinating filings to meet the one-year window.
Time and Stress Savings
Expungement involves legwork and time, including gathering records from the Indiana State Police or courts, drafting petitions, and tracking court dates. An Indiana expungement attorney:
- Streamlines: They pull records, file in the proper courts, such as Marion County’s circuit or superior courts, and manage deadlines.
- Reduces Hassle: You avoid deciphering court jargon or chasing legal clerks, freeing you to focus on work and family.
Maximizing Success
- Courtroom Edge: An Indiana expungement attorney’s advocacy can tip the scales in hearings, which may be required for a felony. They present evidence of rehabilitation, like employment or community ties, in a way judges respect.
- Local Know-How: Indianapolis attorneys understand regional court quirks and prosecutor tendencies, tailoring your petition for the best shot at approval. Gemma & Karimi attorneys are Indianapolis natives. They know the city, local courts, prosecutors, and judges, so they have a legal edge when overseeing your expungement petition.
Cost vs. Benefit
Hiring costs money, typically $500-$1,500, depending on case complexity, plus filing fees. But there are significant advantages to using an Indiana expungement attorney:
- Lost Opportunities: A botched DIY attempt keeps a record visible, potentially costing jobs or housing.
- Peace of Mind: Knowing it’s done right, especially with the one-shot limit, justifies the expense for an expungement attorney.
Gemma and Karimi have successfully overseen the expungement petition process for many people charged or convicted of serious crimes. They’ll handle your petition like it’s their own, ensuring that it is completed quickly, efficiently, and error-free.
Frequently Asked Questions About Expungement in Indiana
Expungement is complicated, and legal questions are common from those considering the process:
The timeline for the expungement process in Indiana varies dramatically based on the charge or arrest and other factors. Below are typical timelines for various expungement processes:
Arrests or Charges Without Conviction
Automatic Expungement: For arrests after June 30, 2022, with no charges filed within 180 days, or charges dismissed/acquitted, the process kicks in automatically 60 days after the resolution date—unless the prosecutor objects. If uncontested, you’re looking at 2-3 months from the triggering event (e.g., dismissal), assuming courts notify agencies promptly to seal records.
- Automatic Expungement: For arrests after June 30, 2022, with no charges filed within 180 days, or charges dismissed/acquitted, the process kicks in automatically 60 days after the resolution date—unless the prosecutor objects. If uncontested, you’re looking at 2-3 months from the triggering event (e.g., dismissal), assuming courts notify agencies promptly to seal records.
- Manual Petition: If you’re past the one-year waiting period and filing yourself, it takes:
- Prep Time: 1-4 weeks to gather records and file the petition.
- Court Processing: 30-90 days after filing. Prosecutors get 30 days to object, but courts often rule quickly if there’s no pushback, totaling 1-3 months from filing to approval.
Misdemeanors and Low-Level Felonies
These are mandatory expungements if you meet eligibility:
- Prep Time: 2-6 weeks to collect your criminal history, verify paid fines, and file.
- Court Processing:
- No hearing is usually required, so after the prosecutor’s 30-day objection window, courts typically approve within 30-60 days.
- Total: 2-4 months from filing, assuming no hiccups.
- Delays: If fees are unpaid or missing records, add weeks or months to resolve.
Higher-Level Felonies
These are discretionary, often requiring a hearing, so they may take weeks or months longer:
- Prep Time: 4-8 weeks for gathering evidence of rehabilitation, and coordinating multi-county filings adds time.
- Court Processing:
- Prosecutor review: 30 days to object.
- Hearing scheduling: Depending on the backlog, courts like Marion County’s can take 1-3 months to set a date.
- Decision: Post-hearing rulings might come within days or stretch to a month.
- Total: 3-6 months from filing, sometimes more if contested or complex.
Factors That Affect Timing
- Court Backlog: Urban areas like Indianapolis (Marion County) may process slower than rural counties due to caseloads, it may be 2-3 months vs. 1-2 months in smaller jurisdictions.
- Prosecutor Objection: Add 1-2 months for hearings or negotiations if they challenge.
- Multi-County Filings: Filing in multiple courts (required for all convictions in one petition) can stretch to 6-9 months if counties move at different paces.
- Lawyer vs. DIY: An attorney might shave weeks off prep and streamline court interactions, while solo efforts risk delays from errors.
After Approval
Once granted, courts notify agencies to seal records. This can take 2-6 weeks, though private background check companies might take longer to update records.
Rough Estimates
- Simple Arrest: 1-3 months
- Misdemeanor/Low Felony: 2-4 months.
- Higher Felony: 3-6+ months.
Yes, you can expunge an arrest record in Indiana if it meets specific criteria, but not all records can be expunged. The process is designed to clear arrests that didn’t lead to convictions, and there’s even an automatic option for newer cases. Below are the general qualifications. Speak to your attorney to learn if you are eligible for expungement:
Eligibility
You can expunge an arrest record if:
- No Conviction: The arrest didn’t result in a conviction, meaning the case was dismissed, you were acquitted, or it ended via pretrial diversion.
- Waiting Period: At least one year has passed since the arrest date.
- No Pending Charges: You have no current charges against you when you file.
Automatic Expungement
For arrests after June 30, 2022:
- No Charges Filed: If 180 days pass without charges, the record is expunged automatically 60 days later, roughly 8 months total, unless the prosecutor objects.
- Charges Dismissed/Acquitted: If charges were filed but dropped or you were cleared, it’s expunged 60 days after that resolution, again unless contested.
- If automatic expungement applies, your record might already be sealed—check with the court or Indiana State Police.
Remember that if you have a conviction tied to the arrest, you cannot simply expunge the arrest. You must also expunge the conviction record, if you can. A five-year wait is in effect for misdemeanors, and eight years for felonies, but some felonies are not eligible for expungement under Indiana law. These include many violent crimes, such as murder.
Yes, certain felony convictions can be expunged. However, whether your conviction is eligible for expungement depends on the severity of the crime, how much time has passed, and Indiana law exclusions.
For example, a Level 6 felony conviction has an eight-year waiting period from the conviction date, or three years after you completed the sentence. Higher-level felonies, such as robbery, burglary, and drug crimes, also have an eight-year waiting period from conviction date and three years from sentence completion date.
Ineligible felonies that are not eligible for expungement include murder, voluntary manslaughter, rape, and child molestation.
In Indiana, “record sealing” and “expungement” don’t have a practical legal difference under the state’s expungement law. The law refers to expungement, and the outcome is sealing the criminal record from the public accessing it. The record isn’t erased. In some states, expungement destroys the record, while sealing conceals the record from the public.
The cost to file for expungement in Indiana varies based on whether you’re expunging an arrest or a conviction, how many counties are involved, and if you hire an expungement attorney. You do not pay filing fees if you only want to expunge an arrest. Expunging a conviction may cost approximately $160 to $200 per county. Based on the case complexity, a criminal defense attorney typically charges between $500 and $1,000.
You usually should retain an Indiana expungement attorney to assist you with the complex expungement process. Expungement is complex, especially when the process involves a felony. Also, you usually only get one chance to expunge your records. If you make a mistake, you may be ineligible for future expungement. Your attorney will ensure that the expungement process is followed carefully.
The timeline for expungement depends on the case specifics. Generally, if your record is eligible for expungement, it takes one to three months to expunge an arrest, two to four months to expunge a misdemeanor from one county, and two to four months for simple felonies. A more complex felony may take at least six to 9 months.
The situation depends on whether an expunged record will appear on a criminal background check. A background check won’t show the record in these cases:
- Private Employer Checks: Most use third-party services pulling public records. Expunged arrests or convictions are off-limits and shouldn’t appear.
- Landlord/Tenant Screening: The sealed records don’t appear on these routine checks.
- Basic State Checks: Indiana State Police public reports exclude expunged records unless restricted access is granted.
However, an expunged record may appear in law enforcement checks, government jobs, federal background checks, and in particular private databases.
Yes, an expungement petition can be denied in Indiana. The court may deny your petition for various reasons. For instance, an arrest record could be denied if you have a pending charge, it’s been less than a year, or the prosecutor objects.
A misdemeanor could be denied if you file too early, there are new convictions, or you owe money for fees, fines, etc.
A felony conviction can be denied if the offense is ineligible, you did not wait at least eight years from the arrest date, unpaid debts, or you have pending charges or new convictions.
Speak To An Experienced Indiana Expungement Attorney Now
Having an arrest or conviction on your criminal record can damage your life. Getting a job is challenging, landlords don’t want to deal with you, and the personal stigma can weigh on you. However, you may be able to get that record deleted with an expungement. Speak to our skilled Indiana expungement attorneys today to learn if you qualify. Our attorneys have successfully helped hundreds of clients expunge their felonies and arrests. Contact us today at (317) 602-5970 for an immediate legal consultation.
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