Submitted by Adler Attorneys
Paul Poteet recently said in the Reporter that he was not sure what expungement meant but thought that Adler Attorneys probably knew what an expungement was. We do! Paul, here is the answer.
It is for those who have learned from their past mistakes and now live as law abiding citizens; the Indiana Expungement Law may provide a second chance for a fresh start with a clean record.
An expungement is a court-ordered process where an individual’s criminal records are destroyed or sealed, essentially erasing the conviction. Expungement is possible for arrests records, misdemeanor convictions, and, in limited circumstances, felony convictions.
- Arrest Records
The law may allow for the expungement of arrest records where: (1) the arrest or criminal charge did not result in a conviction; (2) the conviction was expunged; or (3) the criminal conviction was vacated on appeal. In most cases, individuals seeking expungement of their arrest records must wait a year from the time of the arrest or criminal charge, or from the time the court vacated their conviction.
- Conviction Records for Misdemeanors or Class D Felony (Level 6 Felony) Convictions Reduced to Misdemeanors
An individual convicted of a misdemeanor or Class D (Level 6) felony reduced to a misdemeanor may seek expungement of the conviction records where: (1) at least five years has elapsed from the date of the individual’s last conviction; (2) there are no pending charges against him or her; (3) the individual has not been convicted of a crime within the past five years; and (4) the individual has paid all fines, costs, and fees.
- Conviction Records for Class D (Level 6) Felony Not Reduced to a Misdemeanor.
The expungement requirements for a Class D (Level 6) felony and a misdemeanor are similar, but with one important difference: the waiting period. An individual seeking expungement of a Class D (Level 6) felony must wait eight years from the date of conviction and must not have been convicted of a crime within those eight years.
- Conviction Records of All Other Felonies
Even where an individual is convicted of a felony graded higher than a Class D (Level 6), expungement may still be possible. A person may seek expungement if: (1) a period of at least eight to 10 years from the date of conviction or three to five years from the completion of the sentence has past; (2) there are no pending charges; (3) the individual has not been convicted of a crime within the past eight to 10 years; and (4) the individual has paid all fines, costs, and fees. However, expungement of a higher-graded felony is at the court’s discretion, meaning the court may deny expunging a felony conviction even if all the requirements are met. Certain felonies are ineligible for expungement.
One’s reputation is an invaluable asset. Past mistakes can have devastating personal and professional consequences. Much like the concepts of forgiveness and redemption, expungements offer hope for individuals who made mistakes in the past. Indiana’s expungement law provides options for individuals to clean up those past mistakes and restore their reputation.
Because every situation is different, consult with an attorney to discuss any specific factual circumstances. The information here is offered for educational purposes only and is not a substitute for legal advice.