Indiana: Adult Convictions (IN-C-2)

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).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

For prior offenses that make a person ineligible for expungement under this section, see section 35-38-9-2(c).

Procedure General

The petition must be filed in the circuit or superior court in the county where the conviction occurred, and must include the information specified in section 35-38-9-8(b). Ind. Code Ann. §§ 35-38-9-2(d), 35-38-9-8. For the specific procedure, see Ind. Code Ann. § 35-38-9-2 et seq. A petitioner can file a petition for expungement only once during their lifetime, but can seek to expunge more than one conviction at the same time. Ind. Code Ann. § 35-38-9-9(h)-(k).

Fees

A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d).

Effect

Disclosure of the expunged records is prohibited without a court order, except under the circumstances specified in section 35-38-9-6. Ind. Code Ann.§ 35-38-9-6. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e).

Forms

For information and forms regarding expungement in Indiana, visit here.

Waiting Periods

The petition can be filed five years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period.

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