Expungement of Arrest Records and Criminal Convictions Under Indiana’s Second Chance Act

Do you have a criminal conviction or arrest record that has kept you from getting a job or credit? You may be able to have it expunged.

Expungement is the process of sealing a criminal record so that it can only be accessed by law enforcement under certain limited circumstances. This means that an expunged conviction or arrest will not appear in background checks for employment, leases, and other transactions. Expungement also means that you will no longer have to disclose your arrest or convictions to employers or lenders.

Indiana’s Second Chance Act details the following general circumstances when you may have your criminal arrest or conviction sealed:

• If you were arrested but not convicted, your arrest can be expunged one year after the date of your arrest.
• If you were convicted of a misdemeanor, your record can be expunged 5 years after the date of the conviction.
• If you were convicted of a Class D or Level 6 felony that did not involve bodily injury, your record can be expunged 8 years after the date of conviction.
• If you were convicted of a higher level felony that did not involve bodily injury, your record may be expunged 8 years after the date of conviction or 3 years after you have completed the terms of your sentence, whichever is longer.
• If you were convicted of a felony that involved bodily injury, your record may be expunged after 10 years since the date of conviction and after 5 years have passed since you completed the terms of your sentence. The prosecutor must also consent to the expungement.

Petitions for expungement must be filed in every county in which you have a conviction or arrest record that you wish to have sealed. Because you may only expunge records once during your lifetime, it is important to include all charges in the process to avoid losing the ability to seal them. Some felonies, including homicide, sex crimes, and certain violent offenses, are not eligible for expungement.

Call us at (317) 825-5110 to discuss any questions you may have. McNeelyLaw has a team of experienced attorneys ready to help you.

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.