When Are You Eligible For An Expungement?

If you have been following our blogs, you already know the basic information about Indiana’s expungement laws, including what expungement is and how you can get it. A key information that is worth repeating, however, is the expungement eligibility timeline. This blog will clarify when exactly you are eligible for an expungement so that you can regain your clean slate as soon as possible.

General information about expungement eligibility.

Indiana enacted its expungement laws in 2013 to help ex-offenders assimilate back into society. To ensure that expungement is only provided for truly rehabilitated ex-offenders, Indiana requires the passing of a waiting period for anyone to be eligible. The length of the waiting period varies depending on whether you were (1) arrested or charged but not convicted, (2) convicted of a misdemeanor, or (3) convicted of a felony.

Respective waiting periods.

1. Arrested or charged but not convicted.

This refers to cases where you were arrested or charged with a crime but were not convicted. Meaning, if your case was dismissed or you were found “not guilty,” this section applies to you.

A record of arrest or charge is eligible for expungement 1 year after the date of arrest or criminal charge, whichever is later.

2. Misdemeanor conviction.

This refers to cases where you were convicted of a misdemeanor. Meaning, if you pled guilty—or were found guilty—of a misdemeanor charge and received a judgement of conviction, this section applies to you.

A misdemeanor conviction is eligible for expungement 5 years after the date of conviction, unless the prosecuting attorney gives written consent to an earlier date.

3. Felony conviction.

This refers to cases where you were convicted of a felony. Meaning, if you pled guilty—or were found guilty—of a felony charge and received a judgement of conviction, this section applies to you.

The waiting period for a felony conviction further varies depending on the level of felony.

(a) Level 6 Felony: If you were convicted of a level 6 felony, you are eligible for expungement 8 years after the date of conviction, unless the prosecuting attorney gives written consent to an earlier date.

(b) Minor non-Level 6 felony: If you were convicted of a non-level 6 felony that is considered “minor” (e.g. a felony that did not result in bodily injury), you are eligible for expungement 8 years after the date of conviction OR 3 years after the completion of your sentence, whichever is later. You can be eligible sooner if the prosecuting attorney gives written consent to an earlier date.

(c) Serious felony: If you were convicted of a serious felony (e.g. a felony that resulted in serious bodily injury), you are eligible for expungement 10 years after the date of conviction OR 5 years after the completion of your sentence, whichever is later. IN ADDITION, the prosecuting attorney must consent to your expungement.

Summary of Expungement Eligibility Timeline.

1. Arrested or charged but not convicted – 1 year after date of conviction.

2. Criminal misdemeanor conviction – 5 years after date of conviction.

3. Level 6 felony conviction – 8 years after date of conviction.

4. Minor non-level 6 felony conviction – 8 years after date of conviction OR 3 years after completing sentence.

5. Serious felony conviction – 10 years after date of conviction OR 5 years after completing sentence; AND consent from the prosecutor.

The information above is a general explanation of the expungement eligibility timeline. Please note that there are exceptions, which will be discussed in a later blog, so stay tuned.

We have helped numerous clients regain their clean slates, and we can help you, too. Contact us at any time at 317-643-1813.