Expungements

Indiana law provides a process that may allow eligible arrest or conviction records to be expunged. Harshman Ponist Smith & Rayl, LLC helps clients understand whether an expungement may be available, what records are involved, and what steps may be required before a petition is filed.

A criminal record can affect employment, housing, licensing, and other opportunities. Indiana's expungement statutes provide a process for eligible people to ask a court to address qualifying arrest or conviction records. Eligibility depends on the type of record, the offense, the outcome of the case, the passage of time, and other statutory requirements.

An expungement is a legal term meaning to strike out, or erase, someone’s criminal record. The State of Indiana recognizes that people can make mistakes when they are young and that these mistakes can haunt—or ruin—a lifetime. So, after a successful expungement, a job applicant can honestly answer “No” to the myriad questions regarding criminal and arrest history. In addition, under the new law, it will be illegal for an employer to consider any expunged records when making a hiring decision.

Indiana's expungement law is found in Indiana Code Chapter 35-38-9. The statute addresses different categories of records and convictions, and the requirements vary depending on the circumstances. Because filing requirements, waiting periods, exceptions, and eligibility rules can be technical, it is important to review the current law and the complete record before filing.

Eligibility depends on the facts of the case and the category of record involved. Indiana law treats different types of records differently, so a complete review of the person's criminal history is important before deciding how to proceed.

• Arrest or charge records: Some records that did not result in a conviction may qualify for relief if the statutory conditions are met.
• Misdemeanor convictions: Certain misdemeanor convictions may be eligible after applicable statutory requirements are satisfied.
• Felony convictions: Eligibility varies by felony level and offense, and some cases may involve additional requirements or prosecutor consent.
• Excluded or restricted offenses: Some convictions are not eligible, or may be subject to special limitations under Indiana law.

Because the rules can change and exceptions may apply, the safest approach is to review the current statute and the person's complete record before filing a petition.

Have you been arrested or convicted of a crime and want to know if you can have your record expunged? If so, contact our office by using the contact form on the left side of this page, by clicking here, or by calling (317) 964-6000.