When Do You Qualify for an Expungement in Indiana?

Depending on the level of a conviction, an individual may qualify for an expungement as quickly as 60 days following a determination, erasing the conviction or arrest from their criminal record.

In Indiana, an Expungement wipes your slate clean and erases arrests or criminal convictions from your record. This means that the conviction or arrest that you previously had will not appear on most background checks, depending on the level of the conviction.

However, to receive an order granting an expungement, you must first qualify for an expungement. You can petition for an expungement by filing a petition in court, providing all relevant information to the court. You will also need to make sure each of the following three requirements are met:

1. You cannot have any criminal charges pending against you.
2. You must have paid all court costs, fines, fees, and restitution that was required.
3. The relevant waiting periods must have passed.

What are the relevant waiting periods?

The waiting period for expungement differs depending on what crime or conviction you are looking to expunge from your record. Indiana has recently updated its laws surrounding expungements and the relevant waiting periods.

Expunging arrest records, dismissed charges, and vacated convictions

For an individual charged with an offense after June 30, 2022, in which a court has dismissed all charges, the defendant is acquitted of all charges, or the defendant’s conviction is later vacated, the court shall order an expungement of the record not earlier than sixty (60) days from the date of the dismissal, acquittal, or no true finding. See IC 35-38-9-1.

For an individual arrested before June 30, 2022 in which at least one (1) year has elapsed since the date of the arrest and no charges are pending against the person, the judge shall immediately order the expungement of all records related to the arrest upon receipt of petition of expungement. See IC 35-38-9-1

Expunging misdemeanor convictions

For an individual convicted of a misdemeanor, the conviction may be expunged from their record not earlier than five (5) years after the date of conviction. See IC 35-38-9-2.

Expunging minor class D and level 6 felony convictions

For an individual convicted of a Class D felony or a Level 6 felony that was not reduced to a Class A misdemeanor, the conviction may be expunged not earlier than eight (8) years after the date of conviction. See IC 35-38-9-3.

Expunging other felony convictions

For an individual convicted of other felonies that can be expunged, the conviction may be expunged not earlier than eight (8) years after the date of conviction or three (3) years from the completion of the person’s sentence. See IC 35-38-9-4

Expunging certain serious felony convictions

Some felony convictions have a longer waiting period due to the severity of the crime. For an individual convicted of serious felonies that can be expunged, the conviction may be expunged not earlier than ten (10) years after the date of conviction or five (5) years form the completion of the person’s sentence. See IC 35-38-9-5

It is important to note that even though Indiana has expanded its Expungement Laws, there are still many convictions that are not able to be expunged from your record. If you have any questions regarding whether your conviction may be expunged, or the proper steps to take in order to expunge your record, reach out to the attorneys at McNeelyLaw LLP.