A Step by Step Guide to Clearing Your Criminal Record in Indiana

Having a criminal record can create barriers to employment, housing, and other opportunities. Fortunately, Indiana offers legal options to clear or seal certain criminal records, helping individuals move forward with their lives. This guide walks you through the process of clearing your criminal record in Indiana, explaining each step clearly and practically.

Step 1: Determine Your Eligibility

Before starting the process, check if your case qualifies. Indiana law allows expungement or sealing for:

• Charges dismissed or dropped

• Acquittals or not guilty verdicts

• Certain misdemeanors and felonies, depending on the offense and time elapsed

• Cases where probation was successfully completed

  
  

You cannot expunge or seal convictions for serious violent crimes or sex offenses. Also, some waiting periods apply.

Example: If you were convicted of a misdemeanor theft and completed probation five years ago, you may be eligible to have that record expunged.

Step 2: Obtain Your Criminal Record

To proceed, you need an official copy of your criminal record from the Indiana State Police or local court. This helps you identify all cases that may be eligible for expungement.

You can request your record online or by mail. The record will list charges, case numbers, and outcomes, which you will need for the petition.

Step 3: Prepare the Petition for Expungement

Filing a petition is the formal request to the court to clear your record.

The petition must include:

• Your personal information

• Case details (case number, court, charges)

• Reason for expungement or sealing

• Proof of eligibility (such as dismissal documents or probation completion)

  
  

Filing fees may apply, but fee waivers are available for those who qualify.

Step 4: File the Petition with the Court

Submit your completed petition to the court where your case was handled. This is usually the county circuit or superior court.

After filing, the court schedules a hearing date. You will receive notice of the hearing, which you must attend unless the court waives it.

Step 5: Attend the Court Hearing

At the hearing, the judge reviews your petition and may ask questions. You can explain why clearing your record is important for your future.

The prosecutor or victim may also have a chance to object. If the judge finds you meet all legal requirements, they will grant the expungement or sealing order.

Step 6: Notify Relevant Agencies

Once the court issues the order, you or your attorney must send copies to:

• Indiana State Police

• Local law enforcement agencies

• Courts where the case was filed

• Other agencies that hold your records

  
  

These agencies then update their databases to reflect the expungement or sealing.

Step 7: Confirm Your Record Has Been Cleared

After a few weeks, request updated copies of your criminal record to confirm the changes. Your record should no longer show the expunged or sealed cases to the public.

If errors remain, contact the agencies with your court order to correct the records.

Tips for a Successful Process

• Consult a qualified attorney if you feel unsure about eligibility or paperwork.

• Keep copies of all documents and court orders.

• Meet deadlines for filing and responding to court notices.

• Be honest in your petition and during the hearing.

  
  

Clearing your criminal record in Indiana can open doors to new opportunities and reduce the stigma of past mistakes. By following these steps carefully, you can navigate the legal process with confidence and take control of your future. If you need help, reach out to Brinkley Law today at 317-766-1379.