Expunging a Conviction in Indiana

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Expunging a Conviction in Indiana

In Indiana, only records of arrests can be expunged. Actual convictions cannot be expunged. As a result, a record cannot be expunged if you pled guilty to a charge, or were found guilty by a judge or jury.

Do I Qualify for Expungement?

Generally, to qualify for expungement, you cannot have any records of arrest except for minor traffic violations. Also, you cannot have any other pending criminal charges.

 

In Indiana, expungement of arrest records is allowed in the following instances:

 

  • The person was arrested but no criminal charges were filed for the matter.
  • An arrest was made and criminal charges were in fact filed, but the charges were dropped due to: 1) mistaken identity or identity theft, 2) an offense was never actually committed, or 3) the court lacked probable cause to issue a ruling.
  • A judge pardoned the defendant.
  • The case was dismissed based upon evidence gathered from DNA testing.
  • The records for expungement are juvenile records.

Alternatively, Records May Be Sealed

If you do not qualify for expungement, then you can petition to have your records sealed. Access to criminal history may be limited or sealed if it has been more than 15 years since discharge from probation or release from prison/parole. Although sealing is not an actual expunction, this type of petition prevents non-criminal justice entities from viewing your criminal history.

What Is the Procedure for Expungement?

To have a record expunged, you must file a petition for expungement with the court where the criminal charges were filed. You must submit copies of all necessary documents to the law enforcement agency that conducted the arrest and to the repository for records located in the Indiana Government Center.

 

After filing the petition, agencies have 30 days to file an opposition with the court. Law enforcement agencies are also allowed to submit sworn statements from individual agency personnel who have objections. The petition will only be granted after a hearing concludes whether the person is eligible for expungement.

 

Consulting an Attorney

If you want to expunge or seal your criminal records, then please contact an experienced criminal lawyer. He can advise you of your legal rights and help you file the necessary paperwork for your petition.

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Last Modified: 04-11-2014 12:43 PM PDT

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