Indiana Expungement Statute: 35-38-9

 

Criminal Records are Public Records.  If you have been charged or convicted of a criminal offense, you are well aware of the impact those events have had on your life.  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, college admission, and other areas.  The statute is very specific and its application depends on factors including, but not limited to, to time, payment of fees, and level of offense.

 

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 5 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 8 years after the date of conviction (or earlier with consent from the State).

 

35-38-9-4 and 35-38-9-5 apply to less serious and serious felonies.  Depending on the seriousness of the offense, you may be eligible for expungement of conviction records 8 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 to 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 us for an assessment of your eligibility.

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Disclaimer: This summary is not intended to be comprehensive, and should not be construed as legal advice for your particular situation. Nothing in this website is intended to substitute for legal representation. 

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