Are There Any Conditions for Expungement in Indiana?

In addition to the waiting period noted in our expungement in Indiana section, eligibility for expungement also depends on satisfying certain conditions.

Individuals seeking expungement of records regarding arrests, charges, and juvenile delinquency adjudications must also satisfy these requirements:

At least one year since the arrest, charge, or juvenile delinquency adjudication
The arrest or charge did not result in a conviction or juvenile delinquency adjudication or, if it did, such was overturned on appeal
No current participation in a pretrial diversion program
No convictions in the year before filing the expungement petition
No currently pending criminal charges
Successful completion of all diversion program requirements

For misdemeanors and lower level felonies, you must satisfy these requirements:

At least five years since the conviction
No convictions in the five years before applying for an expungement
No currently pending criminal charges
Payment of all fines, fees, court costs, and restitution orders
Payment of the expungement filing fee

Eligibility for expungement of Class D and Level 6 felonies depends on meeting these requirements:

At least eight years since the conviction
No convictions in the eight years before applying for an expungement
No currently pending criminal charges
Payment of all fines, fees, court costs, and restitution orders
Payment of the expungement filing fee

Major felonies, including Class C or Level 5 felonies and higher, may be eligible for expungement if you also satisfy the following conditions:

At least eight years since the conviction
No convictions in the eight years before applying for an expungement
No currently pending criminal charges
Payment of all fines, fees, court costs, and restitution orders
Payment of the expungement filing fee

Expungement of serious felonies is possible, but you must meet more requirements than for expungement of lower level convictions.

prosecutor approval is required for offenses that involve serious bodily injury to another person or were committed while serving in an elected public office or as a candidate for public office. In addition to prosecutor approval, the following items must be satisfied.

Must be at least ten years since the conviction OR five or more years from the completion of your sentence, whichever is later
No convictions in the ten years before applying for an expungement
No currently pending criminal charges
Payment of all fines, fees, court costs, and restitution orders
Payment of the expungement filing fee
Prosecutor consent to expunge

Criminal Offenses Not Eligible for expungement

Certain offenses are not eligible for expungement under any circumstances. These include:

Sex or violent offender under Indiana Code § 11-8-8-5
Official misconduct under Indiana Code § 35-44.1-1-1
Convictions for two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct
Homicide, voluntary manslaughter, or involuntary manslaughter

To learn more about the process of obtaining an expungement of your criminal record in Indiana, check out our section on expunging your criminal record in Indiana.

Expungements in Michigan, Ohio, and Illinois

While we might not have blog posts covering the process of obtaining expungement of criminal records in all the states in which we practice law, we can provide a FREE initial consultation detailing the possibility of you expunging your criminal record in all the states in which we practice.

Find Your Indiana Expungement Attorney at The Lockwood Legal Group, LLC

An experienced Indiana expungement attorney is key to ensuring you accurately confirm eligibility for expungement of as much of your criminal record as possible. You only get one shot at expungement, and an expungement lawyer can make sure you don’t blow it on technical mistakes.

Contact The Lockwood Legal Group for a free consultation today! You can call our office phone, cellular phone, or send us an email.