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Indiana Second Chance Law a/k/a The Indiana Expungement Statute

On Behalf of | May 3, 2020 | Expungement

The Expungement Statute defines expungements as a civil remedy and not a right guaranteed in the criminal justice system. It defines the numerous requirements that must be met to qualify for expungement relief and provides protection from discrimination once expungement relief is granted. Are you eligible for an expungement? Call Indiana Expungement law firm, D Turner Legal, LLC at 317-721-4783.

The Indiana Expungement Statute

The Expungement Statute, which also commonly referred to as the Indiana Second Chance Law, states in IC 35-38-9-2 (a); IC 35-38-9-3 (a); IC 35-38-9-4 (a) and IC 35-38-9-5 (a) that the statute only applies criminal arrests and convictions. Infractions, being civil in nature, cannot be expunged under the statute. IC 35-38-9-1 permits Juvenile arrests that do not lead to True Findings to be expunged.

At the same time, however Juvenile True Findings are specifically omitted from the sections of the statute that pertain to convictions and therefore cannot be expunged under the Indiana Expungement Statute. The expungement of Juvenile True Findings can be obtained under IC 31-39-8.

Expungement Relief Categories:

Expungement in Indiana consists of five (5) separate categories of expungement relief.
Each expungement category has specific definitions and requirements as to the type of conviction that
may or may not qualify for expungement relief. The expungement categories are defined as :

  • Arrests that do not lead to a conviction. IC 35-38-9-1 (referred to as Section 1
  • Misdemeanor Convictions and D Felony/F6 Convictions sentenced as an Alternative Misdemeanor. IC 35-38-9-2 (referred to as Section 2 expungements).
  • D felony/F6 Convictions, (except for D felony Battery). IC 35-38-9-3 (referred to as Section 3 expungements).
  • Most other felony convictions greater than Class D felonies/ F6 (and D felony/F6 Battery) IC 35-38-9-4 (referred to as Section expungements).
  • Serious Bodily Injury (Class C felonies/F5 and above) and any felony offense committed by an elected public official during the official’s term in office or while a candidate for public office IC 35-38-9-5 (referred to as Section 5 expungements).

Do You Need an Indiana Expungement Statute Lawyer?

If you believe that you may be eligible for relief under the Indiana Second Chance Law, give Indiana Expungement Lawyer, D Turner Legal, LLC a call at 317-721-4783. We are a local, affordable expungement attorney, we are here and are ready to help do away with those past indiscretions.