New Expungement Laws
New Expungement Laws In Indiana Can Help Most People With Criminal Convictions
Under the new law, effective July 1, 2013, and modified in 2014, you may be able to have parts or all of your past criminal record sealed so that it won’t come up in a background check.
If your current conviction criminal records does not have the crimes listed below, you may be able to expunge your record, or have your record sealed.
Everyone is different, depending on your circumstances.
As of the spring of 2014, there are no filing fees.
This is an incredible opportunity!
The new Indiana Expungement Law gives you one shot to expunge old convictions from your record. Depending on the severity of the crime, you may have to wait longer the more severe the criminal history.
How do I obtain my criminal record in Indiana?
It might be best for you to get an official copy from the Indiana State Police by paying a small fee and allowing them to take your fingerprints. That is because you must disclose your entire criminal history when you file, even convictions from other states. You should also probably obtain an Indiana State Police printout of your Indiana record.
You can do so on-line:
The ISP website suggests: “You may mail a request form to the Indiana State Police or visit the Central Records Division of the Indiana State Police at the Indiana Government Center, 100 N. Senate Avenue, Room N302, Indianapolis, Indiana, 46204.”
What records will be sealed?
- The court’s files,
- The files of the Department of Correction,
- The files of any other person who provided treatment or services to the petitioning person under a court order.
- The Central Repository for Criminal History Information maintained by the State Police that relate to the person’s arrest.
How much will it cost?
My fees are based on how complicated your case might be.
Example 1: What if my case was dismissed by a diversion agreement?
Example 2: Will I have to file multiple petitions in different courts, and/or will I have to appear in a contested hearing?
Example 3: What if my case is a serious felony that needs the prosecutor’s approval?
As you can see from the examples, each case is different. Expungement of diversion is automatic but the other examples are not.
If your record is sealed, can anyone get access to it?
Unfortunately, yes. Any state or federal law enforcement agency can have access to your criminal record, but employers cannot.
In other words, if you are required, for your job, to do a background check by the State Police, your record will come up.
Are there any exceptions?
Again, unfortunately, yes.
You cannot get an expungement if you were:
- An elected official convicted of an offense while serving the official’s term or as a candidate for public office.
- A sex or violent offender, as defined in 11-8-8-5
- Criminal Deviate Conduct
- Child Molesting
- Child Exploitation
- Vicarious Sexual Gratification
- Performing Sexual Conduct in the Presence of a Minor
- Child Solicitation
- Child Seduction
- Sexual Misconduct with a Minor (all classes excluded)
- Sexual Battery
- Kidnapping (if the victim is less than 18 and the convicted person is not the victim’s parent or guardian)
- Criminal Confinement (if the victim is less than 18 and the convicted person is not the victim’s parent or guardian)
- Possession of Child Pornography
- Promoting Prostitution as a Class B Felony
- Sexual Trafficking of a Minor
- Human Trafficking
- Voluntary Manslaughter
- Sexual Misconduct by a Service Provider with a Detained Child
- An attempt conviction of any of the above crimes
3. A person convicted of a felony that resulted in bodily injury to another person
4. A person convicted of:
- Perjury (35-44.1-2-1)
- Official Misconduct (35-44.1-1-1)
- Homicide Crimes in addition to those in 11-8-8-5 (35-42-1):
- Causing Suicide
- Assisting Suicide
- Involuntary Manslaughter
- Reckless Homicide
- Human & Sexual Trafficking Crimes in addition to those in 11-8-8-5 (35-42-3.5):
- Promotion of Human Trafficking
- Promotion of Human Trafficking of a Minor
- Sex Crimes in addition to those in 11-8-8-5 (35-42-4):
- Sexual Battery
- Unlawful Employment Near Children by a Sexual Predator
- Sex Offender Residency Offense
- Sex Offender Internet Offense, prior conviction only
If you have any other questions please call 812-269-2923.