by Jon A. Keyes June, 2011
Effective July 1, 2011, an Indiana arrest and conviction may be "expunged" (cleared) from a person's records if the conviction meets the following requirements:
- The conviction is for a misdemeanor or Class D felony.
- The conviction was not a sex offense and did not cause bodily injury to a person.
- Eight (8) years have passed since all obligations imposed as part of the sentence have been completed.
- There has been no conviction for a new felony since the original conviction.
Once expunged, the arrest and conviction records are available only to criminal justice agencies. The expunged records are not available to the general public and should not appear on any criminal background check. Additionally, once a record has been expunged, it can legally be stated on an application for employment or any other document that there has been no arrest for or convicted of that felony or misdemeanor. The expungment of an old criminal conviction could help a person's career, employment prospects, lower automobile insurance rates, etc.
This article was written to provide general information about the law and not legal advice specific to your case. For an evaluation of whether you qualify to have a conviction expunged, contact us to speak to one of our criminal defense attorneys.
