Indiana: Adult Convictions (IN-C-5)

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).

Record Detail(s)

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See section section 35-38-9-5(b). for offenses ineligible for expungement.

Procedure General

The petition must be filed in the circuit court 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. §§ 35-38-9-5(d), 35-38-9-8. For the specific procedure, see Ind. Code Ann. § 35-38-9-5 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). Expungement under this section requires the written consent of the prosecuting attorney. Ind. Code Ann. § 35-38-9-5.

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

Court records and other agency records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. remain public, but are marked as "expunged." Ind. Code Ann. § 35-38-9-7. 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 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.

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