Expungement/Sealing Records

On July 1, 2015, amendments to the Indiana expungement statute went into effect. As a relatively new law, Indiana Code 35-38-9 is a valuable tool for individuals to expunge eligible convictions, seal arrest records, and in many cases eliminate the impact old cases may have on employment prospects.

35-38-9-1 applies to individuals arrested, charged with a criminal offense, or alleged to be a delinquent child. If your case was dismissed or if your conviction was vacated on appeal, you may be eligible for relief one year after the arrest or criminal charge (or earlier with consent from the state).

35-38-9-2 applies to individuals convicted of a misdemeanor or a felony later reduced to a misdemeanor. If you were convicted of an offense under this section, you may be eligible for expungement of the conviction records five years after the date of conviction (or earlier with consent from the state).

35-38-9-3 applies to individuals convicted of certain minor felonies, class D or Level 6. If your conviction is eligible under this section, you may be eligible for expungement of the conviction records eight years after the date of conviction (or earlier with consent from the state).

35-38-9-4 and 35-38-9-5 apply to certain felony convictions. Depending on the seriousness of the offense, you may be eligible for expungement of conviction records eight or 10 years after conviction with other qualifying information.

35-38-9-10 provides that, for cases not otherwise excluded by the statue, it is unlawful discrimination for any person to suspend; expel; refuse to employ; refuse to admit; refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation or profession; or otherwise discriminate against any person because of a conviction or arrest record expunged or sealed under this chapter (35-38-9).

If you believe you may be eligible for expungement, contact Matt Schulz for an assessment of your eligibility.