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Can I get my criminal record sealed or expunged in Indiana?

There can be serious punishments for anyone who commits a crime in Indiana. A person convicted of a crime can end up spending time in jail, paying huge fines, being placed on probation, and maybe also required to do community service. Once you have done your time, that doesn’t mean the consequences of your crime are over. A criminal record can stay with you for life and appears on your background checks. Unfortunately, since your criminal record can be with you for life, it can affect certain aspects of your future, such as employment and housing. So, how can you get your criminal record sealed or expunged in Indiana?

What is the difference between sealing and expunging a criminal record?

Sealing a record means it still exists legally, but it’s only accessible to criminal justice agencies. An expungement of your criminal record is a one-time opportunity to remove any previous arrests or convictions. To expunge or seal your criminal record in Indiana, you must meet certain requirements.

Below are some of the requirements you must meet to have an opportunity to seal or expunge your record. It is essential to meet with an experienced criminal defense lawyer in Terre Haute that will be able to review your case to see what your options are and if you can have a good chance of sealing or expunging your criminal record.

There are two main requirements you have to meet to start the process of trying to seal or expunge your criminal record. One is the offense level, and two is the amount of time elapsed since your time of conviction.

Requirements for sealing or expunging your criminal record are similar. Since each criminal case may have unique factors, an attorney can review all your options and develop a strategy to either seal or expunge your criminal record.

Requirements for sealing a criminal record in Indiana

If you were arrested with a criminal charge but were not convicted. You have to wait one year from the date of either your arrest or criminal charge before trying to get your criminal record sealed.
If you were convicted of a misdemeanor, you must wait five years from the date of your conviction.
- Please note: This also includes certain Class D felonies (for a crime committed before July 1, 2014) and certain Level 6 felonies (for a crime committed after June 30, 2014) that were reduced to misdemeanors.
For a Class D felony (the lowest level felony in Indiana), you must wait eight years before petitioning to seal your criminal record. Depending on the Class D or Level 6 felony, you must wait eight years plus at least three years after completion of your criminal sentence.

For serious felonies (anything above a Class D), people must wait 10 years after the conviction and at least five years after the sentence completion.

Requirements for expunging an Indiana criminal record in Indiana

If you were arrested with a criminal charge but were not convicted. You have to wait one year from the date of either your arrest or criminal charge before trying to get an expungement.
If you were convicted of a misdemeanor, you must wait five years from the date of your conviction.
- Please note: This also includes certain Class D felonies (for a crime committed before July 1, 2014) and certain Level 6 felonies (for a crime committed after June 30, 2014) that were reduced to misdemeanors.
For a Class D felony (the lowest level felony in Indiana), you must wait eight years before petitioning to expunge your criminal record. Depending on the Class D or Level 6 felony, you must wait eight years plus at least three years after completion of your criminal sentence.

For serious felonies (anything above a Class D), people must wait 10 years after the conviction and at least five years after the sentence completion and;
- you have not been convicted of two or more separate felonies involving a deadly weapon
- you have paid all fines, fees, court costs, or restitution associated with your case,

Additionally, while trying to expunge your criminal record, you must not have any pending crimes or commit any additional crimes during this time.

Some felony convictions, including those for most violent crimes, sex offenses, official misconduct, and human trafficking, cannot be expunged. However, a criminal defense attorney could devise a strategy to clean up your record.

Are you looking for a criminal defense attorney to review your criminal record or case?

If you would like our trusted criminal defense attorneys in Terre Haute to review your case to see if you meet the requirements to get your criminal record sealed or expunged, call or contact us today.

Rowdy G. Williams Law Firm has over 25 years of experience in Vigo County.

At Rowdy G. Williams Law Firm, we are committed to ensuring that our clients can overcome the difficult legal obstacles they may not be prepared to face without help. Your case is our case.

If you are faced with bankruptcy or criminal charges or need a family law attorney in Terre Haute, Indiana, contact us for a free consultation or call at 812-232-7400. We are here to listen and provide the support and guidance you need.