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Indiana

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations. You must file a petition in court to start the process.   

  • If you were convicted but the conviction was vacated on appeal, the record can be expunged. If you meet the criteria, the judge must grant your petition. 
  • With certain exceptions, if you were convicted of a misdemeanor or a felony that was reduced to a misdemeanor at sentencing. the record can be expunged five years after the date of your conviction. If you meet the criteria, the judge must grant your petition. 
  • With certain exceptions, if you were convicted of a Class D or Level 6 felony, the record can be expunged eight years after the date of your conviction. If you meet the criteria, the judge must grant your petition. 
  • With certain exceptions, if you were convicted of a felony other than those listed in Ind. Code Ann. 35-38-9-3, the record can be expunged eight years after the date of your conviction or three years after you complete your sentence, unless the prosecutor agrees in writing to an earlier period. It is up to the judge whether to grant your petition. 
  • With certain exceptions, if you were convicted of felony listed in Ind. Code Ann. 35-38-9-5, the record can be expunged 10 years after the date of your conviction or five years after you complete your sentence, unless the prosecutor agrees in writing to an earlier period. It is up to the judge whether to grant your petition. 
  • Certain records may be vacated if you were a victim of human trafficking, so long as no one was physically injured. You must submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 

Likely not eligible for expungement. 

Adult criminal records for arrests for which you were never convicted are eligible for expungement one year after the date of your arrest, so long as you are not participating in a pretrial diversion program. You must file a petition in court to start the process, and if you meet the criteria, the judge must grant your petition. 
 
For arrests that occurred after June 30, 2022, and did not result in criminal charges, all records of the arrest will be automatically expunged 180 days after the date of the arrest.  

Adult Criminal Record Clearance Policies

    Records relating to a conviction that was vacated on appeal can be expunged by the court one year after the conviction was vacated, so long as the petitioner is not participating in a pretrial diversion program. Ind. Code Ann. § 35-38-9-1(a), (d).
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    All records relating to a misdemeanor conviction or a felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7 can be expunged by the court five years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-2(c).
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    All records relating to a Class D or Level 6 felony conviction can be expunged by the court eight years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-3(c).
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    All records relating to a felony conviction, other than those provided for in section 35-38-9-3, can be expunged by the court eight years after the date of conviction or three years after sentence completion, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-4(a), (c).
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    All records relating to offenses committed while holding elective office and offenses resulting in serious bodily injury can be expunged 10 years after the date of conviction or five years after completion of the sentence, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-5(a), (c).
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    A conviction for an offense that did not result in a bodily injury to another person can be vacated, and the related records expunged, if the offense resulted from being a victim of human trafficking. Ind. Code Ann. §§ 35-38-10-2, 35-38-9-1.
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    Records relating to an arrest that did not result in a conviction can be expunged by the court one year after the date of arrest, so long as the petitioner is not participating in a pretrial diversion program. Arrests that occurred after June 30, 2022 and did not result in criminal charges are automatically expunged under Ind. Code Ann. § 35-38-9-1(c). Ind. Code Ann. § 35-38-9-1(a),(d).
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    Records relating to an arrest that occurred after June 30, 2022 and did not result in criminal charges will be expunged 180 days after the arrest. Ind. Code Ann. § 35-38-9-1(c).
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be expunged, sealed, or vacated in Indiana. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

    Read the legal policies and statutes for detailed statutory information.  

    Juvenile Record Clearance Policies Overview 

     

     

    • Most juvenile records—including police and court records—can be expunged at any time. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request. 
    • Certain records may be vacated if you were a victim of human trafficking, so long as no one was physically injured. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request. 
    • State police records are automatically sealed when you turn 22. You should not have to do anything to get these records sealed. You may not be eligible for sealing if you have an arrest for certain offenses on your record.  
    • All delinquency records are automatically expunged within 60 days after you turn 19. You may not be eligible for automatic expungement if you have certain offenses on your record.   

    Find a Lawyer 

    If you think you might be eligible to have your record expunged, sealed, or vacated, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.  

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

     

     

    Juvenile Record Clearance Policies

      An adjudication that resulted from being a child victim of human trafficking can be vacated by the court immediately. Ind. Code Ann. § 31-37-22-11(b).
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      A record relating to juvenile court proceedings can be expunged. Ind. Code Ann. § 31-39-8-3.
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      State police records relating to juvenile history data will be sealed when the person turns 22 years old. Ind. Code Ann §10-13-4-13.
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