The expungement process can be very complex and it is important that you consult with a lawyer that has experience in expungement law. Filing a document in court has legal consequences that should be identified by a lawyer. Indiana ‘s expungement law only allows you to expunge your criminal record once in a lifetime and it is important that it is done the right way. You may only be able to file once in a lifetime.
Do the following before you fill out the forms:
- Understand that you must strictly comply with the Indiana’s expungement statute found here: IC-35-38-9
- Gather information on your criminal history. It might be helpful, but not required, to:
- get a copy of your DRIVING RECORD. It can be found here: Official Driving Record,
- get a Chronological Case Summary from every court in which you have had a case (including arrests),
- get a criminal background history from the Indiana State Police. Click here: Indiana State Police,
- search your history here: MyCase
- Create a list of every address you at which you have lived since your first arrest.
- Verify you have completed any ordered retribution. This means be sure that you did everything the court told you to do including that you paid fees and completed probation–check with accounting in the courthouse clerk’s office if you are not sure.
- If you are asking for an expungement of a conviction, write a statement telling the court why you would like an expungement and how an expungement would improve your life. This template might help.
When can I ask for my record to be expunged? For more information on when you can request your record be expunged, click here.
How do I file? What happens after my record is expunged? For answers to this questions and more, click here: Frequently Asked Questions
Expungement for Non Conviction
Use the Expungement for Non Conviction forms if:
- You want to expunge an arrest, criminal charge, or juvenile delinquency allegation from your record, and
- The arrest did not lead to a conviction. This means there was a finding of ‘not guilty’, the entire case has been dismissed, or the entire case has been vacated on appeal, and
- The arrest is at least one year old, and
- There are no charges currently pending against you, and
- You are not participating in a pretrial diversion program.
INSTRUCTIONS AND FORMS
Expungement for Conviction
Use the Expungement for Conviction forms if you want to expunge one or more convictions from your records, and:
- You understand that after a conviction has been expunged in any county in Indiana, you have 365 days within which to expunge any other existing convictions in any other county in Indiana and then you may never expunge any convictions in Indiana again, and
- You understand that if you have ONLY misdemeanors, the most recent misdemeanor must be at least five (5) years old, and
- You understand that if you have ONLY felonies, the most recent felony must be at least eight (8) years old, and
- You understand that if you have BOTH misdemeanors and felonies to expunge, your most recent offense (felony or misdemeanor) must be at least eight (8) years old, and
- You understand that felonies changed to misdemeanors may change your timeline and you should consult an attorney, and
- You understand that sometimes a prosecutor may allow you to file early, before the required number of years has passed. To ask a prosecutor if you can file early, you might review this form, and
- You understand some offenses cannot be expunged. And sometimes, if you have been convicted of a non-expungeable offense, no convictions on your record can be expunged. Click here for general information on non-expungeable offenses, and
- You have reviewed this information on filing if you have convictions in more than one county, and
- You understand the insert(s) you will need to include in your filing depends on the type of offense you are trying to expunge. This page might help: Insert Explanation