Criminal Record Expungement
Indiana Code § 35-38-5-1
The eligibility requirements for criminal record expungement in Indiana are very strict. Not many people qualify to have their criminal records expunged. That is because in order to be eligible, you must have never actually been charged with a crime, or the charges were later dropped. More specifically, one of the following statements must be true about your arrest:
❶ You were never officially charged with a crime;
❷ Your charges were later dropped because:
Ⅰ. Your identity was mistaken;
Ⅱ. You did not in fact commit the crime;
Ⅲ. There was no probable cause to believe you committed the crime.
Criminal Record Sealing
Indiana Code § 35-38-5-5.5
If you do not qualify for expungement, you may qualify to seal your criminal records, which is also known as “restricted access.” If you were arrested but never charged with a crime, charged but you were later acquitted of all charges, or you were convicted and your conviction as later vacated, you could qualify for restricted access in Indiana.
If you were charged and convicted of a misdemeanors or Level 6 Felony, and you have completed all court orders, you may be able to petition for restricted access if all the following are true about your crime:
Ⅰ. Your crime did not cause bodily harm;
Ⅱ. Your crime was not a sex offense;
Ⅲ. Your crime was committed over 8 years ago;
Ⅳ. You do not have any new criminal convictions.
Trust in Criminal Defense
It is important to discuss your criminal record concerns with a licensed criminal defense attorney who can provide accurate information and guidance specific to your unique case. In the meantime, learn as much as you can about criminal record expungement and criminal record sealing for better understanding of the legal process.