Expungement: A Chance at a Clean Slate

Having a criminal history may prevent you from getting what you need such as a job, apartment, or license. An expungement wipes your slate clean, erasing arrests or criminal convictions from your record. If your criminal conviction is expunged, your conviction will not appear on most background checks. An expungement may also restore your gun rights allowing you to own, possess, and carry a firearm. Importantly, if your convictions are expunged, you can truthfully answer “no” when asked whether you have ever been convicted of a crime on a job (or other) application.

In Indiana, you can qualify for expungement of misdemeanor and low level (Class D or Level 6) felonies that were reduced to misdemeanors, provided certain requirements are met. You must have completed the conditions of your sentence and allowed a number of years to pass since the date of your conviction. For misdemeanors, five years must have passed since your conviction. If your conviction is a felony, but it did not result in bodily injury, you could still be eligible for expungement if eight years have passed since the date of your conviction or three years have passed since you completed your sentence, whichever comes first.

When determining whether to order expungement, a court will also consider whether you have any pending criminal charges, have been convicted of other crimes since your conviction, and have complied with all of the obligations of your sentence. However, you will likely not be eligible for expungement if your conviction caused bodily injury to another person or involved certain sex crimes. You may only petition for expungement of your record once in your lifetime, so it is critical that you account for all past arrests and convictions in your petition.

McNeelyLaw’s attorneys have extensive experience helping clients expunge their records and start fresh. If you are interested in expunging a conviction, or if you have any questions, please contact us at (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.