A criminal record can hold you back from securing a good job, finding housing or obtaining loans. While the state’s expungement law offers an excellent opportunity for a fresh start, it does not apply to everyone.
Indiana draws a strict line regarding which convictions a court can mark as expunged. If you are considering applying for expungement, it is crucial to understand the exceptions so you may verify your eligibility and confidently plan your next steps.
Offenses that remain on your record permanently
Indiana’s expungement statutes give many individuals a second chance to clear their record. However, the law specifically excludes certain serious offenses. The state completely prohibits judges from sealing the following convictions:
- Crimes that cause a loss of life: This includes murder, manslaughter or any illegal action that directly results in someone’s death.
- Sex offenses: The state permanently blocks anyone from expungement if they were convicted of rape, sexual assault or any crime that exploits children.
- Lying under oath: Also known as perjury, this means you knowingly told a deliberate lie while speaking in a courtroom, giving a legal statement or signing official court documents.
- Human trafficking: This covers cases where someone smuggled, forced or tricked people into working against their will or performing illegal sex work.
- Abuse of power by a public official: This applies to government workers, police officers or politicians who use their official job and authority to break the law.
- Multiple crimes with a dangerous weapon: Those who used a deadly weapon, like a gun or a knife, while committing two or more separate offenses may not qualify for expungement.
If your background check includes any of these specific marks, they will remain visible to employers and the general public permanently.
Understand the eligibility requirements for expungement
Even if your crime isn’t on the banned list, you still have to meet other strict rules before a judge will could your record. Knowing these rules helps you figure out your next steps and tells you exactly when you can apply to get your clean slate.