Sealing and Expunging Criminal Records in Indiana

Having a criminal record in Indiana can negatively impact an offender’s ability to lead a normal life, even after serving a sentence. To this end, the Indiana judiciary permits the expungement/sealing of criminal records. However, expungement is not total in Indiana, as it results in records being sealed; law enforcement agencies typically still retain copies of the case documents. According to Indiana Code 35–38–9, offenders eligible for expungement include individuals who have committed a misdemeanor, less serious felonies, and, in some cases, serious felony convictions.

The Difference Between Sealing and Expunging Criminal Records

In Indiana, expunged records are not destroyed or erased, as seen in other parts of the United States. Following IC 35–38–9, if a court grants the request to expunge a criminal case file, the criminal record is sealed. However, juvenile records that resulted in a ‘true bill’ are destroyed from the repository (Ind. Code § 35–38–9–1). Also, minors involved in human trafficking as victims may push a motion to erase the record, and hearings usually follow such requests. That said, sealed criminal records are confidential and inaccessible to the general public. Nevertheless, the federal government, law enforcement agencies, immigration officers, and the FBI may view sealed records. Ultimately, offenders may claim to have never been arrested or convicted for a crime, according to IC 35–38–9–1.

How to Seal a Criminal Record in Indiana

Per IC 35–38–9, crimes that may be sealed are felonies reduced to misdemeanors, misdemeanors, and Class D felonies. Also, expunged orders are issued to seal records; therefore, the process for sealing criminal records is the same as expungement.

Eligible offenders may file a petition at the court in charge of the case to seal a criminal case. Filed applications generally contain all the necessary details to identify the record in the clerk’s office. The court may not request filing fees and send a copy of the petition to the prosecuting attorney. The court typically examines whether the petitioner meets all requirements for expungement. When the application is approved, the redaction of criminal charges usually occurs. The participating agencies in the case typically receive an order to restrict access to that particular case file.

What Crimes May Be Expunged in Indiana?

In Indiana, expungeable crimes include misdemeanors, Class D felonies, and felonies that have been reduced to misdemeanors. Examples are:

• Assaults
• Gambling
• Infractions
• Harassment of citizens
• Possession of marijuana
• Vehicle theft
• False identity
• Battery

To reduce a felony to a misdemeanor (only Class D felonies), offenders are typically advised to file a petition to the court five years after the conviction date. For non-violent felonies, the violator must file a petition to the court eight years after the conviction date. For critical felonies, the waiting period is ten years or more and requires written consent from the prosecutor. Expungement is generally not available for homicide, sex-related crimes, human trafficking, official misconduct, and offenses committed using a deadly weapon.

Can a Felony be Expunged in Indiana?

Yes, certain felony convictions may be expunged in Indiana, though eligibility depends on the offense level and specific circumstances. According to Indiana Code Title 35, Article 38, Chapter 9, the state allows for the expungement of various felony classifications under different waiting periods and requirements.

Generally, Class D felonies or Level 6 felonies automatically qualify for expungement under Indiana Code § 35-38-9-3 if eight years have passed since the conviction and the individual has remained conviction-free during that period. Major felonies (Class C/Level 5 and higher) may be expunged under Indiana Code § 35-38-9-4, but court approval is discretionary rather than automatic.

Serious felonies involving bodily injury or public corruption fall under Indiana Code § 35-38-9-5 and require prosecutorial consent, plus either ten years from the date of conviction or five years from the date of sentence completion. However, certain violent crimes, sex offenses, homicide, and official misconduct under Indiana Code 35-44.1-1-1 are permanently ineligible for expungement.

Applicants must meet additional requirements, including:

• No pending criminal charges
• All fines, fees, court costs, and restitution are paid in full
• No subsequent convictions during the required waiting period
• Payment of the expungement filing fee

How to Expunge Criminal Records in Indiana

Under the Indiana revised expungement law, expunged records are sealed and may only be accessed by court order or by a law enforcement officer. When the court approves an expungement, no part of the arrest, criminal charges, or court proceedings is retrievable by the general public. Parties who want to expunge criminal records are advised to file a petition in the specific county where the case originated. Petitioners may seek advice from an attorney as a requestor cannot re-file or submit a new petition to expunge the same criminal case. Court staff typically send notifications for any hearing, and if the court rejects the request.

The prosecution attorney typically receives a copy of the expungement petition and other necessary documents supporting the sealing of records within 30 days. In the petition, the offender must provide evidence of moral and behavioral change in character as well as evidence of rehabilitation. Victims are notified and also allowed to respond. In most cases, the filing fee for a petition for expungement is $156. However, the court may choose to reduce or waive this fee if the person is indigent. There are no filing fees for the expungement of an arrest record that did not lead to a conviction. Petitions to expunge criminal convictions are only granted once in a lifetime, so it is pertinent to have all convictions expunged at the same time. Civil rights, including the right to vote, firearm ownership, and eligibility for public office and jury service, are typically restored upon expungement.

Do Sealed Records Show Up In Indiana Background Checks?

No, sealed records do not show up on background checks in Indiana, as the state expungement statutes prohibit the disclosure of sealed records on criminal background checks. While the sealed records typically do not appear if checked, law enforcement agencies and the court may still have access to such files.

Who may See Sealed Criminal Records in Indiana?

Following the expungement laws, persons or agencies that may access sealed criminal records include:

• The police
• Defense attorneys with a court order
• Criminal justice agencies
• Prosecutors with a court order
• Law enforcement agencies with certified requests from the court
• The state Board of Law Examiners
• Correctional institutions
• Federal Mortgage Licensing Department
• Federal and state motor vehicle agencies
• The Federal Bureau of Investigation

How may I Get My Record Expunged for Free in Indiana?

Filing an expungement petition is technically free. Indiana courts do not charge a filing fee for expungement petitions (Indiana Courts FAQ). However, applicants may incur minor costs such as obtaining a state police background check (about $30–$40) or certified court records. Courts may waive any local civil fees for those who qualify as indigent.

Required documentation for expungement petitions includes:

• Complete criminal history from the Indiana State Police
• Certified copies of court records for each case
• Proof of payment for all court-ordered obligations
• Personal information, including full name, date of birth, and Social Security number
• Case numbers and conviction dates for all offenses

Given Indiana's "one-time deal" expungement rule, individuals have only one opportunity to petition for most conviction records, making professional legal assistance highly recommended to ensure all eligible records are included and requirements are adequately met.

How to Obtain Sealed Records in Indiana

Public agencies typically refuse disclosure of records if the information in the case file is sealed or expunged. Furthermore, case documents that are declared confidential by state statutes, federal law, rules by a public agency, and the Indiana Supreme Court cannot be obtained by the general public. Nevertheless, the police and other criminal justice agencies may still be able to get sealed records.

However, records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.