Expungement and Record Clearing in Indiana
Take our free eligibility survey to determine if you are able to clear your Indiana criminal record.
What is Expungement?
Expungement is a legal process in which the arrest record or criminal record of a person is erased in the eyes of the law. This can also be called an expunction and this occurs when the records are sealed or destroyed. This can be all or some parts of the record. Depending on the state, expungement can also mean that the finding of guilt is removed because you are withdrawing or vacating the original finding from the courts.
Indiana has laws that outline the eligibility requirements of each individual for the expungement process. In Indiana, completing the terms of your sentence and allowing a certain period of time to pass depending on the severity of your offense can dictate whether you are eligible for expungement or not. This eligibility can also vary depending on the type of arrest or level of conviction or even the county which the arrest or conviction occurs.
The major benefit for obtaining an expungement or clearing your conviction is that you no longer have to disclose your prior criminal history on job applications or housing applications. Once expunged, your criminal history should not appear on any background checks or public record searches.
Access to public record and criminal background checks has increased greatly over the past few years and individuals now need expungement more than ever.
Expungement in Indiana
Indiana allows for the expungement of almost all but the most serious violent and sexual offenses. Indiana law also allows the sealing of minor offense and non-conviction records. The expungement and record clearing process in Indiana falls under the legal code of IC 35-38-9. This legal code includes Expungement of Arrest Records, Expungement of Misdemeanors and Expungements of some felonies(lesser felonies).
Who is Eligible?
There are many factors that determine if you are eligible for an expungement or record clearing. You can take our free eligibility test to determine if you are able to have your record expunged in Indiana. Indiana's legal procedure for Expungement is outlined in IC 35-38-9.
Some of the factors that determine if you are eligible include county where arrest/conviction occurred, amount of time that has passed since conviction, level and severity of crime committed, and your past criminal history.
Even though the you are not guaranteed an expungement in Indiana, you can still take these steps to insure you are most likely eligible for expungement:
- Pay all fines
- Complete probation
- Remain in good standing
- Attend all court appointed classes
- Stay out of trouble (do not be convicted of additional offense during rehabilitation period)
Each state has their own rules and some states do not allow for the process of expungement. Fortunately, Indiana allows for expungement of almost all offense including some lesser felonies. Expungement laws are created to provide incentive to rehabilitation for the convicted and to keep the punishment as proportional to the offense as possible.
Some examples of offenses that can be expunged include petty theft, indecent exposure, prostitution, grand theft, possession of controlled substances (marijuana, etc), DUI, assault, battery, domestic violence, assault with a deadly weapon, shoplifting, robbery, burglary and many more offenses.
ExpungeOnline.com allows the opportunity to clear your record or expunge your record in Indiana in a fast and efficient manner. By providing the correct information and taking our eligibility questionnaire, you will be able to start the process for clearing your name today.
As Easy As Taking a Survey
1. Sign Up
2. Take Questionnaire
3. Add Info and Pay
4. We take it from there
Do Expungements Work?
Once an expungement is obtained, you’ll no longer need to disclose your criminal record when anyone inquires or on an application. Although your record is sealed in the eyes of the law, some government agencies such as law enforcement and criminal courts will still be able to see your expungement on file even though it is under seal. However, you will no longer have to disclose your past record when asked. If expungement is completed successfully, your conviction will no longer show up on criminal background checks because it is no longer a conviction. Your arrest will most likely still appear on your record and will show as an arrest with no conviction.
Having your records sealed versus expunged refers to the availability of your records to the public. When a record is sealed, it is not available to employers, creditors or private investigators. However, it is available to government agencies and criminal courts and can be used in future criminal offenses.
Sealing an arrest completely removes a criminal arrest from public records. The record of arrest is destroyed and only accessible to certain law enforcement agencies.
Once an expungement is completed in the eyes of the law, the courts will update their records to background check agencies. This typically takes 48 hours but can also take up to 60 days depending on the courts and agencies.
Where Do I Start?
You can take our free eligibility test to determine if you eligible. You can also choose your state from this list to learn about your state’s expungement procedures. You’ll need to know as much information about your case as possible. You can do this by searching your states criminal database for your record (link available during questionnaire).
What happens after I complete the eligibility survey?
If you have taken the free eligibility questionnaire on our site and have found that you are eligible for expungement, ExpungeOnline.com will utilize a licensed attorney to petition the court. ExpungeOnline.com is not an attorney and doesn’t provide legal advice, we connect your case with a local attorney who will file on your behalf.
Once the motion is filed, you will receive correspondence from the local attorney that ExpungeOnline.com has utilized to administer your petition. You’ll then need to follow their directions including showing up for a hearing date if required. The process to expunge varies by each state. The expungement will not happen overnight and is dependent on the will of the courts. Sometimes it can take many months depending on the circumstances around the case and can typically average between 2-6 months depending on the jurisdiction.
Once again, ExpungeOnline.com’s free eligibility test does not constitute as legal advice and should not be taken as so.
Take the Free Eligibility Questionnaire Now
Do you want to find out if you are eligible for an expungement or record clearing?
Serving All of Indiana
All Indiana Cities including Indianapolis, Fort Wayne, Evansville, Wayne Township, Lawrence Township, Perry Township, South Bend, Warren Township, Fishers, Carmel, Blooming, Pike Township, Gary, Muncie, Terre Haute, Noblesville, Kokomo, Greenwood, Elkhart, Mishawaka, Jeffersonville, West Lafayette, Merrillville, Valparaiso, Decatur Township, Plainfield, Michigan City, Crown Point, Schererville, East Chicago, Zionsville, Brownsburg, Munster, Vincennes, Logansport, New Castle, Anderson, Hammond, Elkhart, Greenwood, and many more.
All Indiana Counties including Marion County, Lake County, Allen County, Hamilton County, St Joseph County, Elkhart County, Tippecanoe County, Vanderburgh County, Porter County, Hendricks County, Johnson County, Monroe County, Delaware County, Madison County, Clark County, LaPorte County, Vigo County, Bartholomew County, Kosciusko County, Floyd County, Hancock County, Wayne County, Boone County, Warrick County, Dearborn County, Shelby County, DeKalb County, Dubois County, Cass County, Putnam County, Adams County, Steuben County, Gibson County, Jasper County, Whitley County, and many more.