Indiana Record Clearing

Unique Features of Indiana's Law

Indiana's expungement law has several noteworthy aspects:

• Allows for the expungement of many convictions, not just arrests
• Permits multiple convictions to be expunged at once
• Includes most misdemeanors and many non-violent felonies
• Once granted, the expungement is a matter of right, not discretion
• Courts can reduce certain felonies to misdemeanors to make them eligible
• Employers cannot discriminate against applicants for expunged records

Categories of Expungement

Indiana's law categorizes records into different sections based on the nature of the case:

1. Section 1: Arrests without charges or dismissed charges
2. Section 2: Misdemeanor convictions
3. Section 3: Non-violent Class D or Level 6 felonies
4. Section 4: Certain serious felonies
5. Section 5: More serious felonies (limited eligibility)

Each section has different waiting periods and requirements for eligibility.

The Indiana Process

The expungement process in Indiana typically includes:

1. Obtaining certified copies of all conviction records
2. Preparing a petition for expungement
3. Filing the petition in each county where you have records
4. Serving the petition on the prosecutor's office
5. Attending a hearing (if required by the court)
6. Receiving the expungement order

This process typically takes 3-6 months from start to finish, depending on the county and court caseload.