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Upon entry of an order to seal, the order shall be legally effective immediately and the person whose record is sealed shall be treated in all respects as if the person had never been arrested, convicted, or sentenced for the offense and that its effect is to annul the record of arrest, conviction, and sentence.
Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.
Form -Petition to Expunge or Seal Criminal History: Complete and file a Petition to Expunge or Seal Criminal History form. The Petition is a court form that can be obtained from the Court or on the Vermont Judiciary website. There is a post-judgment filing fee that must be filed with your petition.
If your case was filed after June 30, 2022, and did not result in a conviction for any reason, you are entitled to expungement 60 days after the date the case was closed. This applies to you whether your case was dismissed, dismissed as a result of a diversion, or if you were acquitted at trial.
The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.
The total fee for a felony expungement is $300. A $50 non-refundable filing fee is due at the time the application is filed. If the application is granted, the defendant must pay an expungement fee of $250, which can be made in installment payments. The expungement cannot be completed until the full $250 has been paid.
In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees.
Ten or more years have passed since their most recent conviction OR five or more years have passed from the completion of their sentence, whichever is later. No convictions in the ten years prior to requesting expungement. No criminal charges currently pending.