FAQs
An expungement in Indiana is the process of having your records sealed. Your records will remain in place, but they will be hidden from most people and entities, such as potential employers and housing authorities.
The general rules are as follows: 5 years from date of most recent conviction on misdemeanors and 8 years from date of most recent conviction if sealing a felony. If you meet or are close to meeting those general timelines, you should proceed with completing the free case review!
The expungement process usually starts with an attorney doing a deep dive into your prior records to determine eligibility. This will require doing a criminal background check through the Indiana State Police.
Next, once eligibility is determined, a petition and other documents will be drafted by the attorney, and the petition will be verified for accuracy under penalties of perjury by the Petitioner (client).
After the petition(s) is finished, a separate and distinct petition will need to be filed in each county with a criminal record. This process is very time-consuming. Once the Court receives the filed petition(s), they will generally give the State time to respond.
After the State responds, the judge may or may not have a hearing (it usually depends on the nature of the charge).
And what comes next is the judge will either grant or deny the expungement (there are some offenses that require the judge to grant the expungement as long as we prove the necessary steps have been taken).
Most crimes in Indiana can be expunged. If in doubt, it is best to contact an attorney (or complete our form for a free case review).
From the moment we are first contacted, the entire process could take anywhere from a couple of months up to six months. Once the petition for expungement is granted by the court, it usually takes around 60 days for the court’s order to go through all the proper channels.
Technically, no. There are pro se forms online that can help walk someone through the process. As an attorney, I would advise against going alone because of the complexities that come with determining eligibility, drafting the documents, filing the documents correctly, and advocating for oneself.
Also, there are provisions in our laws that have restrictions on how many times you can file for expungement and other requirements that you must follow. At the minimum, it is best to at least consult an attorney before trying it on your own.
Under current law, the general answer is yes (unless it is a charge of domestic battery). There are also some other nuances to this question. If you are seeking an expungement primarily to have your rights to possess a firearm restored, it is best to consult with an attorney (or complete our form for a free case review).
Once you click on the form, you will be able to see what specific questions there are for the case review. I also have a video to help you with the process.
For the consultation, it would expedite matters if you could gather up all your prior living addresses since the date of your first conviction. These addresses can be found on your Indiana myBMV.com account (it is free to create an account).