Indiana Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Criminal justice agencies like the court, prosecutor, and police will continue to have access to all information. Although it has been nicknamed an "expungement law," Indiana's Second Chance Law only restricts access to criminal records; it does not forever erase or expunge one's criminal history.

(c) Not earlier than the later of eight (8) years from the date of conviction, or three (3) years from the completion of the person's sentence, unless the prosecuting attorney consents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including ...

Indiana Code 35-38-9-1 requires the Court to expunge the record automatically. One caveat is that since this is a new law, some Courts may not be in the habit of doing this or may not do it automatically. If you feel your case qualifies for this automatic expungement, give us a call and we can help you out!

Here are some of the crimes that cannot be expunged in Indiana: Crimes that involve homicide (murder and manslaughter) Multiple convictions for crimes that involve the use of deadly weapons. Crimes that involve sex or violent offenses. Certain misconduct offenses.

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. The Indiana State Police cannot give legal advice regarding the filing of a petition.

(c) Not earlier than the later of ten (10) years from the date of conviction, or five (5) years from the completion of the person's sentence, unless the prosecuting attorney consents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including ...

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Indiana Petition for Expungement of Record in Case of Acquittal and Release without Conviction