Expungement Frequently Asked Questions
How are forms filed with the court?
Information including court rules, filing fee waiver forms, and how to file forms with the court can be found at How To File With The Court
There is no filing fee when asking for expungement of a non-conviction
What does it mean to have a record expunged?
If a record is successfully expunged, then:
- misdemeanors and most D/Level 6 felonies are no longer on public record
- A, B and C felonies (and some D felonies) are still visible on public records, but they are marked expunged. This means that rights are restored and a person may not be discriminated against because of their record.
When can a record be expunged?
To learn more about requirements of expungement eligibility, try our Timeline Helper
Whether a record can be expunged depends on:
- whether or not a person was convicted, and
- if a person was convicted, the type of crime they were convicted of, and
- how much time has passed since their last criminal incident
Are there incidents that are not expungeable?
Some things are not expungeable. These include:
- cases out of federal court
- cases outside of Indiana
- cases where charges were not filed and a case number was not created by the court
- infraction and ordinance violations
- convictions that are tied to a name, social security number or gallery number that do not actually belong to that individual
What does expungement NOT do?
Criminal records are not destroyed and can be accesssed in some circumstances, like if a person is charged with another crime or is applying to become an attorney.
Expungement does not remove case information from electronic sources, like news articles that can be found online.
Expungement does not require that national criminal history repositories expunge records (e.g. FBI database).
Expungement does not remove a person from the substantiated index with the Department of Child Services after having a child neglect conviction expunged.
Expungement does not restore rights to firearms if there is a conviction for domestic violence/battery.
What crimes are not expungeable?
Case types that appear on the non-expungeable list include crimes that involve:
- loss of life
- sex crimes
- human trafficking
- official misconduct
- 2 or more offenses withteh use of a deadly weapon
In general, if a person is found guilty of a crime on the non-expungeable list, then no crimes on the record can be expunged.
What is a "non-conviction"?
- not guilty verdict
- successful completion of pretrial diversion, resulting in a dismissal
- cases where charges were not filed, but a case number was created by the court
Which convictions and non-convictions are expungeable?
Non-convictions, or arrests that do not lead to a conviction, are expungeable.
In general, convictions that are expungeable include:
- D/Level 6 felonies without bodily injury
- A,B or C felonies without serious bodily injury and D felonies with bodily injury
- Some felonies with serious bodily injury
How many times can a person ask for an expungement?
A person can ask for expungement of a non-conviction (an arrest that does not result in conviction), as many times as is necessary.
Expungements for convictions are allowed once in a person’s lifetime. This means a person cannot get any new convictions expunged. However, a person may be able to file to fix mistakes.
Where should a person file for expungement?
A person will need to file for expungement in each county in which there is a criminal incident on their record. That means a person may have to file a petition (request) for expungement in more than one county.
What if a person doesn't meet the timeline/waiting requirements?
Under the statute, a person who does not meet the waiting/timeline requirements may still ask for expungement if the prosecutor agrees.
Can a person ask for expungement if they owe money the court ordered them to pay?
Check with each court. Some courts will cancel fees if asked.