Expungement in Indiana offers individuals a chance to clear their criminal records under certain conditions. This process can help reduce the negative impact of past offenses on employment, housing and other opportunities.
The expungement process can be complex, so it is important to have the relevant information before proceeding. Below are some key factors to consider.
Eligible offenses and waiting periods
Indiana law allows for the expungement of various offenses, each with specific waiting periods:
- Arrests not leading to conviction: Eligible for expungement one year after the arrest.
- Misdemeanors: Eligible five years after the conviction.
- Class D or Level 6 felonies without bodily injury: Eligible eight years after the conviction.
- Other felonies: Eligible eight to 10 years after the conviction, depending on the offense.
In some cases, the prosecution’s consent is required, especially for more serious felonies.
Offenses that cannot be expunged
Certain offenses are not eligible for expungement in Indiana. These include sex offenses and violent crimes. Felonies that result in death also cannot be expunged. Other ineligible offenses include official misconduct and perjury. Two or more felony offenses involving the use of a deadly weapon are not eligible if they were not committed as part of the same episode of criminal conduct.
Benefits of expungement
Expunging a criminal record in Indiana can lead to better job opportunities, as employers cannot discriminate based on an expunged record. Civil rights such as voting and serving on a jury are also restored. Additionally, sealed records are not accessible to the general public, offering individuals a sense of privacy.
It’s important to note that while expunged records are sealed, they are not destroyed and may still be accessed by law enforcement.
Indiana’s expungement laws allow individuals to overcome past mistakes and pursue a better future. Understanding the eligibility criteria and benefits can help those affected take the necessary steps toward clearing their records.