Expungement Attorneys in Indiana
Expungement in Indiana
In July 2013, Indiana became unique in that it allows convicted felons to have their criminal records expunged, although after a lengthy waiting period. Prior to July 2013 you could only have your record expunged if your case was dismissed or your were found not guilty.
With the new law, if you were convicted of a felony AND:
- you are not, or have not, been incarcerated since the time of your conviction;
- you have not committed any additional crimes since your conviction;
- you are not on, or have not been, on parole or probation since your conviction;
- all restitution and fines are paid in full and on time;
- following the expungement you must maintain a clean criminal record
If you were convicted of a misdemeanor or Class D felony that was reduced to a misdemeanor, you can petition for expungement after five (5) years. For non-violent felonies you must wait at least eight (8) years. For serious felonies, you must wait at least ten (10) years and have consent of the prosecuting attorney. If you were convicted of a sex offense, are consider a violent offender, of convicted of official misconduct you do not qualify for expungement. If you were arrested, but not prosecuted or your conviction was overturned on appeal you may file for expungement after one year from the date of arrest.
In Indiana you only have one chance for expungement. You can expunge multiple records, but everything has to be done at the same time. It is very important to hire an attorney who is familiar with the Indiana process and laws for expungement, because even if there is a filing mistake you lose your chance to file again.