Expunging a criminal record can offer individuals a fresh start by sealing their past mistakes. Indiana law allows for the expungement of certain crimes, including misdemeanors, non-violent felonies, and some violent offenses under specific conditions. However, restrictions apply, and not all offenses qualify for expungement.
Understanding the eligibility criteria is necessary for anyone seeking a clean slate. Crimes eligible for expungement in Indiana vary depending on the type and severity of the offense.
Misdemeanors and Class D Felonies
Most misdemeanors and Class D felonies (now Level 6) may be eligible for expungement in Indiana. Eligible crimes include non-violent offenses such as petty theft or minor drug possession. Individuals must wait five years after their conviction or the completion of their sentence before applying for expungement.
During this period, maintaining a clean record and complying with court orders will improve the chances of a successful application. This opportunity allows those convicted of less severe offenses to move forward with a clear record and better opportunities.
Non-Violent Felonies
Certain non-violent felonies can also be expunged. Examples include theft or drug-related charges. The waiting period is eight years after conviction or completion of the sentence.
Violent Felonies
Some violent felonies, such as burglary, may qualify if they do not involve serious bodily injury. However, these cases often require special judicial approval. The waiting period is 10 years.
Ineligible Offenses
Indiana excludes certain offenses from expungement, including sex crimes against minors, homicide and human trafficking.
It is important to understand which crimes can be expunged. A successful expungement clears criminal records, offering individuals a fresh start. Consulting with an attorney can help you determine eligibility and file properly, maximizing the chances of a favorable outcome.
