Expungement Services | indianaOptions and Exceptions
There are many steps involved in an expungement and certain requirements must be met. Not all convictions are eligible for expungment. Contact us today for a free consultation to see if we can help clear your past record so you can start living in the future.
Pursuant to I.C. 35-38-9-2(b), the following individuals are prohibited from seeking expungement of misdemeanor convictions (including Class D felonies/Level 6 Felonies converted to misdemeanors):
- Sex or Violent Offenders as defined in I.C. 11-8-8-5; and
- Persons convicted of two or more felony offenses that involve the unlawful use of adeadly weapon and were not committed as part of the same episode of criminal conduct, as defined in I.C. 35-31.5-2-46.5.
Pursuant to I.C. 35-38-9-3(b), I.C. 35-38-9-4(b) and I.C. 35-38-9-5(b), the following individuals are prohibited from seeking expungement of any felony convictions:
- Sex or Violent Offenders as defined in I.C. 11-8-8-5;
- Persons convicted of a felony that resulted in the death of another person;
- Persons convicted of:
- Official Misconduct (I.C. 35-44.1-1-1),
- Any Homicide Offense in I.C. 35-42-1,
- Any Human and Sexual Trafficking Offense in I.C. 35-42-3.5, or
- Any Sex Crimes Offense in I.C. 35-42-4; and
- Persons convicted of two or more felony offenses that involve the unlawful use of a deadly weapon and were not committed as part of the same episode of criminal conduct, as defined in I.C. 35-31.5-2-46.5.
Once it is determined an individual may seek expungement based on their criminal history, the statute categorizes the method of expungement based on type of criminal case the individual seeks to expunge:
- Category 1: Automatic Expungements and Arrests Without a Criminal Conviction (or Juvenile Adjudication). I.C. 35-38-9-1.
- Category 2: All Misdemeanors (including Class D felonies/Level 6 Felonies converted to Misdemeanors pursuant to I.C. 35-50-2-7(b)). I.C. 35-38-9-2.
- Category 3: Class D or Level 6 Felonies without Bodily Injury. I.C. 35-38-9-3.
- Category 4: Felonies without Serious Bodily Injury or Death of Another Person. I.C. 35-38-9-4.
- Category 5: Remaining Eligible Felonies without Death of Another Person. I.C. 35-38-9-5.
Each category has specific requirements such as a waiting period, notice requirements, and information to include in the petition. Each category also specifies the results if the petition is granted.
IC 31-33-27 allows for the expungement of DCS records related to unsubstantiated and substantiated reports.
Expungement of unsubstantiated reports can be requested any time after DCS completes its investigation if the department determines that the probative value of the information does not justify its retention in the records of the department.
A petition to expunge substantiated DCS reports can also be requested at any time. The Court will schedule a hearing and consider many factors including the petitioner’s current contact with children, the best interest of the victim, the circumstances of the original case, and any other information the Court finds to be relevant to its determination of whether or not a person is likely to abuse or neglect a child in the future. The Court will also weigh the probative value of maintaining the records against the prejudicial impact a substantiated report may have on an individual.
There are many factors to consider when deciding whether or not, or when, to pursue an expungement of DCS reports, and an experienced attorney should help you weigh your options so you can make the best decision.
Was an eviction filed against you that was dismissed or ruled on in your favor or overturned on appeal? You may be able to get this eviction filing expunged from your record.
Contact us for a free consultation.
Under Indiana Code § 34-26-7.5-1, you may be eligible to have your protective order records sealed if you meet any of these criteria:
- A petition for a protective order against you was dismissed before a court hearing on it;
- The court denied the petition for a protective order against you;
- The person who was seeking the protective order did not appear at the court hearing in the matter;
- A protective order entered against you was reversed or vacated on appeal;
- Someone requested a protective order against you but the court did not grant it for some other reason.