Am I Eligible for Expungement? Key Factors That Determine Whether You Can Clear Your Record

One of the most common questions we hear is: Can I get my record expunged? The answer depends on state law and the details of your case, but many people are surprised to learn they may qualify.

What does “eligibility” mean in an expungement case? Eligibility is simply whether the court will allow a record to be sealed or expunged. States set rules based on public safety concerns, rehabilitation, and time passed since the case ended.

Common factors that affect eligibility. While every state is different, courts often look at:

(1) Case outcome: You may qualify if your case was dismissed, resolved through diversion, completed successfully (probation/classes/community service), resulting in a conviction that’s eligible under state law

(2) Type of offense: Eligibility often depends on whether the offense was misdemeanor vs. felony, violent vs. non-violent, involving a protected category that may be restricted from expungement.

(3) Waiting period: Many states require a waiting period after your case ends, often measured from the date charges were dismissed, or the date probation ended, or the date all fees/restitution were paid. 

(4) Your record since the case: a clean record after the case can be important. New charges may pause or prevent expungement in some jurisdictions.

(5) Multiple cases or multiple counts: If you have more than one case (or several charges in a single case), eligibility can get more complex, but it doesn’t automatically mean “no.”

Why a record review matters. Online information can be confusing, and eligibility isn’t always obvious from a quick glance at your docket. A lawyer can verify: exact charge level and statute, final disposition, completion dates, whether any administrative holds exist (fees, warrants, missing documents). This is especially important if you’re searching for an expungement attorney near me because local courts and clerks often have specific filing requirements.

What if you’re not eligible right now? Even if you don’t qualify today, you may have options such as: expungement later after a waiting period, record sealing instead of expungement, and relief designed to help with employment or licensing. 

Talk to an expungement lawyer in Indiana. You shouldn’t have to guess about your future based on old records. Contact Brinkley Law at 317-766-1379 for an expungement eligibility review in Indiana. We’ll evaluate your record and tell you the clearest path forward, before you spend time or money filing incorrectly.