Expunging a Conviction in Indiana

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

In Indiana, only records of arrests are allowed to be expunged, as state law does not provide for procedures to expunge actual convictions. This means that the record may not be expunged if you pled guilty to a charge, or were found guilty by a judge or jury. 

 

Generally speaking, in order to qualify for expungement, you must not have any other records of arrests (except minor traffic violations). Also, you must not have any other pending criminal charges. 

 

Expungement of arrest records is allowed in in Indiana 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:

o       Mistaken identity or identity theft

o       An offense was never actually committed

o       The court lacked probable cause to issue a ruling

·        The defendant was pardoned by a judge (rarely granted)

·        The case was dismissed based upon evidence gathered from DNA testing

·        The records for expungement are juvenile records

 

Also, 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 not an actual expunction, this type of petition prevents non-criminal justice entities from viewing the history.

 

If you wish to have a record expunged, you must file a petition for expungement with the court where the criminal charges were filed. Copies of all necessary documents should be submitted to the law enforcement agency that conducted the arrest. Copies should also be sent to the repository for records located in the Indiana Government Center.

 

After the petition has been filed, any agency that objects to your petition has 30 days to file a corresponding notice of 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.   

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