Expunging or Sealing a Felony in Indiana

Class D or Level 6 felonies (not involving bodily injury) can be expunged eight years after conviction, and the court must grant expungement if the conditions are met; records are sealed. Other felonies not involving serious bodily injury can be expunged at the later of eight years after conviction or three years after completing the sentence, at the court's discretion; records are marked as expunged. Remaining eligible felonies (including those causing serious bodily injury, and certain offenses by elected officials) require the later of ten years after conviction or five years after the sentence, no conviction in the prior ten years, and the prosecutor's written consent. Not eligible: sex or violent offenders, felonies resulting in death, homicide, human or sexual trafficking, sex crimes, official misconduct by elected officials or judges, serious violent felon firearm possession, and people with two or more separate deadly-weapon felonies. A person may file only one expungement petition for convictions in a lifetime (petitions in different counties within 365 days count as one).

File a verified petition in a circuit or superior court in the county of conviction (or, for arrests without charges, the county of arrest); petitions get a new "XP" case number. For conviction petitions, the petitioner serves the prosecutor; for arrest petitions, the court does. Eligibility depends on the person's entire criminal history, not just the case being expunged. Victims may submit statements. Because only one conviction-expungement petition is allowed in a lifetime, all eligible convictions should be included. Forms are available from county clerks.

A person whose record is expunged is treated as if never convicted of the offense, civil rights (voting, holding office, jury service and firearm eligibility under state law) are restored, and it is unlawful discrimination to refuse employment, admission, or a license because of an expunged or sealed record. Applications may ask only about convictions or arrests that have not been expunged. Sealed records remain available to law enforcement; records marked as expunged remain public but are visibly marked. An expunged conviction can still be used for sentencing, habitual offender enhancement and evidence if the person is later convicted. Law enforcement, probation and community corrections employers are not covered by the anti-discrimination rule. Immigration authorities may treat expunged convictions differently.