Who is Eligible to get their Record Expunged in Indiana?

There are several variables that determine who is eligible to get their record expunged in Indiana. Misdemeanors, class D felonies, arrest records, and more can all potentially be eliminated from a person’s criminal history. The first prerequisite for expungement eligibility is the type of conviction or charge a person was sentenced with; meaning either a misdemeanor, felony dropped to a misdemeanor, or felony. The second factor is time. Depending on the charge, there are rules on how many years a person must wait to expunge their record. For details on the legalities surrounding criminal expungement in Indiana, call our seasoned lawyers at 317-636-7514 today.
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Indiana Expungement Eligibility Requirements

In order to remove arrest and conviction records from your criminal history, you must pass the Indiana expungement eligibility requirements to move forward in your case. Here are some of the prerequisites and guidelines surrounding criminal expungement in Indianapolis, IN:
ARREST RECORDS
To Be Eligible:
  • Must Wait 1 Year Following Arrest
  • No Conviction Resulted
  • No Current, Further, or Pending Charges

MISDEMEANORS
To Be Eligible:
  • Must Wait 5 Years Following Arrest
  • No Present Driver’s License Suspension
  • No Current, Further, or Pending Charges
  • Must Have Completed All Sentence Requirements and Probation Conditions (Including Fines and Expenses)
  • No Other Criminal Convictions in the Past 5 Years

CLASS D FELONIES reduced to MISDEMEANORS
To Be Eligible:
  • Must Wait 5 Years Following Arrest
  • No Present Driver’s License Suspension
  • No Current, Further, or Pending Charges
  • Must Have Completed All Sentence Requirements and Probation Conditions (Including Fines and Expenses)
  • No Other Criminal Convictions in the Past 5 Years
*Examples of Misdemeanors include: OWI/DUI Cases, Public Intoxication, Check Fraud, Shoplifting, Personal Possession, Battery (without injury), and more. Call 317-636-7514 for more information about Misdemeanor charges in Indiana.

CLASS D FELONIES
To Be Eligible:
  • Must Wait 8 Years Following Arrest
  • No Present Driver’s License Suspension
  • No Current, Further, or Pending Charges
  • Must Have Completed All Sentence Requirements and Probation Conditions (Including Fines and Expenses)
  • No Other Criminal Convictions in the Past 8 Years
  • Not All Class D Felonies Can Be Expunged (i.e. Sex Crimes, Homicide, Human Trafficking, Perjury, etc.)
*Examples of Class D Felonies include: OWI/DUI with Prior, Theft, Possession, Intimidation, Fraud, and more. Call our law firm today for more information about Class D Felony expungement in Indiana.

ADDITIONAL FELONIES
To Be Eligible:
  • Must Wait 8 Years Following Arrest
  • No Present Driver’s License Suspension
  • No Current, Further, or Pending Charges
  • Must Have Completed All Sentence Requirements and Probation Conditions (Including Fines and Expenses)
  • No Other Criminal Convictions in the Past 8 Years
  • Court MAY or MAY NOT Expunge Records for these Felony Cases
*Eligibility for Felony Expungement EXCLUDES convictions involving Sex Offenses, Elected Official Misconduct, or Felonies Resulting in Serious Bodily Injury. Call our seasoned criminal attorneys for more information about Felony expungement in Indiana.