Criminal Record Costing You Jobs in Indiana? How Expungement Can Help

For many Indiana residents, an old conviction or arrest does its most lasting damage long after the case is over. It shows up on background checks, raises questions in interviews, and can quietly take someone out of the running for a job they are qualified to do.

Expungement is one of the few legal tools that can change that. Depending on the record, an expungement can limit who sees it and what employers may ask about and use. Whether and how it applies to you depends on your full record, which is why it is worth having an attorney review it.

How an expungement can change the job search

• Questions about your record. Once a record is expunged or sealed under Indiana's expungement law, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests (IC 35-38-9-10).

• Protection from discrimination. Indiana law makes it unlawful discrimination for any person to refuse to employ someone, or to deny a license, permit, or certificate, because of a conviction or arrest record that was expunged or sealed under the statute.

• Who can see the record. For misdemeanors and Class D or Level 6 felonies, expunged records are sealed and access is limited. For more serious felonies, the records generally remain public but are clearly marked as expunged.

• Treated as if never convicted. In general, a person whose conviction is expunged is treated as if they had never been convicted of that offense, with limited exceptions.

The limits are important

Expungement is powerful, but it is not a blank slate for every purpose. Indiana's law includes exceptions, including for certain law enforcement and probation employers, school positions involving contact with students, and later criminal proceedings. Some offenses cannot be expunged at all, and the waiting periods vary by offense. See what crimes cannot be expunged in Indiana.

Private background check companies may also hold outdated information. Knowing what your record will show, and what to do if an old record still appears, are questions to raise with an attorney. Our article on whether employers see expunged records in background checks explains more.

Why timing and strategy matter

Indiana generally expects a person's eligible convictions in a county to be addressed together, and it limits repeat petitions. A petition that leaves something out, or is filed before a record is eligible, can cost you time and may be difficult to fix. Our article on Indiana's one-time expungement rule explains why getting it right the first time matters.

Signs it is time to talk with an expungement attorney

• A job offer was withdrawn or delayed after a background check.

• You are applying for a job, promotion, or professional license that requires a background check.

• You have records in more than one Indiana county.

• You are not sure whether your offense is eligible or when you can file.

• You have both older convictions and arrests that did not lead to a conviction.

What an attorney does for you

• Reviews your full record across Indiana counties to confirm what is eligible and when.

• Explains what an expungement would and would not change for the jobs or licenses you are pursuing.

• Prepares and files the petition, if retained, and handles any objection or hearing.

• Advises you on how to answer application questions before and after an expungement is granted.

Learn more in Indiana expungement requirements and what happens after your record is expunged.

How Brinkley Law can help

Brinkley Law helps Indiana residents pursue expungement and other record relief. Attorney Sarah Brinkley can review your record, explain your options, and help you move forward with a plan that fits your goals. Learn more about our Indiana expungement practice.

Frequently asked questions

Do I have to tell an employer about an expunged conviction?

Indiana law limits questions about criminal records to records that have not been expunged, with some exceptions. Because the answer depends on the job and the type of expungement, talk with an attorney about your specific situation.

Can an employer still see my record after expungement?

It depends on the type of record. Some expunged records are sealed, while others remain public but are marked as expunged. An attorney can explain what your record would look like.

How long does an Indiana expungement take?

The waiting period before you can file depends on the offense, and the court process adds more time after filing. An attorney can give you a realistic timeline for your record.

Talk with Brinkley Law

If a criminal record is standing between you and the job you want, call Brinkley Law at 317-766-1379 or schedule a consultation.

Brinkley Law LLC, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240. Phone 317-766-1379.

This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law LLC does not create an attorney-client relationship. The application of the law depends on the facts of each matter.