What is the difference between expungement and record sealing in Indiana?

Expungement is often described as the erasure or destruction of a criminal record so it no longer exists, while record sealing limits who can see your record. When a record is sealed, it is generally hidden from public view, but some parties may still access it and you may still have to disclose it in certain situations. In Indiana, when you file a petition for expungement and it is granted, your record is actually sealed rather than completely destroyed, so it is important to understand this distinction.

Which criminal offenses are not eligible for expungement in Indiana?

Not all criminal offenses can be expunged under Indiana law. Certain offenses are never eligible for expungement, including sex offenses, violent offender status crimes, homicide, manslaughter, and certain offenses involving the use of a deadly weapon. A criminal defense and expungement attorney can review your history and help determine whether your specific offense qualifies.

How long do I have to wait to seek expungement of an arrest or conviction in Indiana?

In Indiana, the waiting period depends on whether you are seeking to expunge an arrest or a conviction. You can typically petition to expunge an arrest, criminal charge, or juvenile delinquency adjudication one year after the date of the arrest, charge, or adjudication. For criminal convictions, the wait time is longer and depends on the level of the offense. For many misdemeanors and certain low-level felonies, you generally must wait at least five years from the date of conviction, have no new criminal convictions in that period, have no pending charges, and must have paid all fines and fees related to the case.

Why should I talk to an expungement lawyer before filing a petition in Indiana?

Indiana’s expungement and record-sealing laws are complex, and eligibility depends on factors such as the type of offense, how much time has passed, your criminal history, and whether all fines and fees have been paid. An experienced criminal defense and expungement lawyer can explain how the law applies to your situation, confirm whether your offenses are eligible, calculate the correct waiting periods, and prepare a properly drafted petition to improve your chances of a successful outcome.

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