Don't Let Your Past Limit Your Future

Indiana Criminal Record Expungement, Sealing, Pardons, and Restoration of Rights

Indiana Criminal Expungement

If you have a criminal record in the Hoosier State, you may qualify to expunge or restrict access to it.  Indiana’s Second Chance Act went into effect July 2013, making it possible for countless Indiana residents to leave their mistakes in the past, and move on with life with a clean record and a fresh start.

Criminal records can cause problems long after you’re free from the courts. Unless you take action, your criminal record will typically remain in the public record forever, remaining accessible to potential employers, lenders, landlords, family, and friends.

How to Remove your Indiana Record

There are a few different Indiana criminal record clearing services available under state law. It’s important to choose the best option available, as you may only petition for expungement once every three years in Indiana. Our firm offers the following legal services in Indiana:

  • Indiana Arrest Record Expungement: Indiana State law allows for expungement of criminal records for arrests that did not result in conviction. The expungement fully seals the arrest records held by state and local criminal record databases, making them fully inaccessible to potential employers, landlords, the general public, and most government agencies. Arrest records expungement are not subject to the “once in a lifetime” filing rule, so you can expunge an arrest record at any time.
  • Indiana Criminal Conviction Record Expungement: Indiana State law allows for expungement of criminal records for certain types of misdemeanor and felony convictions. For misdemeanors and low-level felonies, the expungement fully seals the arrest records held by state and local criminal record databases, making them fully inaccessible to potential employers, landlords, the general public, and most government agencies. For certain more serious felonies, all records relating to the arrest, conviction, or sentence will clearly and visibly be marked or identified as “Expunged” but remain available to public access. An Indiana expungement also acts as a full and complete restoration of civil rights, including the right to possess a firearm (subject to certain exceptions for domestic violence related convictions).
  • Indiana Felony Reduction: Indiana State law allows for certain types of low-level felonies to be reduced to misdemeanor. Class D or Level 6 felonies and be reduced to a misdemeanor by a court order. Reduction to misdemeanor is a full and complete reduction for all purposes. Reducing a felony conviction to a misdemeanor eliminates the negative consequences of having a felony on your record. Once the order is entered, the record is updated to reflect the misdemeanor sentencing in all state and local databases.
  • Indiana Firearm Rights Restoration: In Indiana, an expungement of a criminal record restores all civil rights that were lost upon conviction, including the right to possess a firearm. In Indiana, a felony conviction takes away the right to own or possess a handgun. The granting of an expungement order restores this right, making you eligible for a hand gun permit from the Indiana State Police.
  • Indiana Firearm Rights Restoration (DV): In Indiana, a person convicted of domestic violence is barred from possessing firearms. Indiana State law allows a court to restore your firearm rights even after a domestic violence conviction. Expungement of a conviction for domestic violence does not restore firearm rights. A court must specifically restore your rights if you have this type of conviction. Once a court has granted your order restoring your rights, you will be legally allowed to own and possess firearms under Indiana law and make application to the Indiana State Police for a hand gun permit.
  • Indiana Juvenile Expungement: Indiana State law allows for expungement of criminal records for certain types of misdemeanor and felony convictions. For misdemeanors and low-level felonies, the expungement fully seals the arrest records held by state and local criminal record databases, making them fully inaccessible to potential employers, landlords, the general public, and most government agencies. For certain more serious felonies, all records relating to the arrest, conviction, or sentence will clearly and visibly be marked or identified as “Expunged” but remain available to public access.
  • Indiana Driver’s License Restoration: In Indiana, a habitual traffic offender can end up with a license suspension for up to five or ten years. Fortunately, Indiana recently passed a law allowing a person to petition a court for specialized driving privileges.   If granted by a judge, a provisional license allows for driving to and from work or home, to and from a child’s school, other important meeting, and typical errands such as the bank or the grocery store.  The provisional license is subject to certain exceptions for those who never had a valid license, have a commercial license, or were involved in a serious accident.  Don’t let your license suspension ruin your career and your ability to care for your family, contact our office to see if you are eligible to petition the court for specialized driving privileges.

Why You Should Hire WipeRecord

If you would like to move forward in life without a criminal record, our firm is here to help. The easiest way to check your eligibility is by taking our free, confidential eligibility test. If you would prefer to speak with one of our Criminal Records Analysts, feel free to give us a call toll free at (844) 947-3732.

The benefits of an Indiana expungement include:

  • Being able to legally state that you have not been arrested or convicted of a criminal offense to employers and landlords
  • Becoming eligible for professional licenses you previously did not qualify for
  • Increased eligibility for student loans, housing assistance, and government programs
  • Improving your ability to obtain higher-paying job opportunities
  • Improving access and admission to college and other educational resources
  • Eliminating the concern and potential embarrassment of failing a background check by removing public access to sensitive personal information

It is important to note that the rules governing Indiana expungements can be very complicated, and if your petition is not granted you must wait three (3) years before filing again. Therefore, using an attorney experienced in these matters is extremely important. Fortunately, our law firm understands, and is here to help. We tailor our services to your needs and budget, offering flexible payment plans to get you started.

Indiana Criminal Record Removal Services

Indiana Arrest Record Expungement

Indiana law permits arrest records to be expunged that did not result in a conviction or a juvenile adjudication.  A conviction or a juvenile adjudication can be expunged so long as the conviction or adjudication was vacated on appeal.  Expunging an arrest records removes the arrest from public record, making inaccessible to the public and most employers.  An arrest or vacated conviction can be expunged so long as each of the following are true:

  • At least one year has passed since the date of arrest for a dismissed case, or at least one year has passed since the order vacating the conviction was entered.
  • You are not currently in a pretrial diversion or deferral program; and
  • There are no charges pending against you

Indiana Criminal Conviction Record Expungement

Misdemeanor Expungement: Indiana law allows criminal records to be sealed for all misdemeanors, including Class D or Level 6 felonies reduced to misdemeanor.  An expungement in Indiana fully and completely seals the case records.  In order to expunge a misdemeanor reduced felony conviction, the following must be true:

  • At least five years have passed since the date of conviction;
  • There are no charges pending against you;
  • All fines, fees, court costs, and restitution have been paid;
  • You have not been convicted of another crime within the previous five years; and
  • You have not filed another Petition for Expungement in your lifetime. *

Class D (or Level 6) Felony Expungement: Indiana law allows criminal records to be expunged for most Class D or Level 6 felonies not involving serious bodily injury.  Certain types of lower level felonies can never be expunged.  Convictions for sex offenses, murder or manslaughter, human trafficking, perjury, and official misconduct cannot be expunged.  All other Class D or Level 6 felonies can be expunged if all of the following are true:

  • At least eight years have passed since the date of conviction;
  • There are no charges pending against you;
  • All fines, fees, court costs, and restitution have been paid;
  • You have not been convicted of another crime within the previous eight years; and
  • You have not filed another Petition for Expungement in your lifetime. *

Less Serious Felony Expungement:  Indiana law allows for other less serious felony convictions to be expunged.  Less serious felonies are all felonies that are not Class D or Level 6 felonies that do not involve serious bodily injury.  The same restrictions apply as listed above. Convictions for sex offenses, murder or manslaughter, human trafficking, perjury, and official misconduct cannot be expunged.  A less serious felony that is expunged is not fully sealed, but the case records are clearly all marked “expunged”. All other less serious felony convictions can be expunged if all of the following are true:

  • At least eight years have passed since the date of conviction, or at least three years have passed from the completion of the sentence, whichever date is later;
  • There are no charges pending against you;
  • All fines, fees, court costs, and restitution have been paid;
  • You have not been convicted of another crime within the previous eight years; and
  • You have not filed another Petition for Expungement in your lifetime. *

Serious Felony (involving bodily injury to another) Expungement: Indiana law does allow for the expunged of certain serious felony convictions.  The prosecutor must consent to the expungement for serious felonies.  As in the previous section, convictions for sex offenses, murder or manslaughter, human trafficking, perjury, and official misconduct cannot be expunged.  A serious felony that is expunged is not fully sealed, but the case records are clearly all marked “expunged”.  Serious felony convictions can be expunged if all of the following are true:

  • At least ten years have passed since the date of conviction, or at least five years have passed from the completion of the sentence, whichever date is later;
  • The prosecutor consents to the expungement;
  • There are no charges pending against you;
  • All fines, fees, court costs, and restitution have been paid;
  • You have not been convicted of another crime within the previous ten years; and
  • You have not filed another Petition for Expungement in your lifetime. *

(*) Petitions for Expungement filed within the same 365-day period count as one Petition for Expungement for the above rule. These rules are complicated, and expungement of multiple convictions should not be attempted without the guidance of an experienced attorney.

Click here to read the Indiana expungement statute.

Indiana Felony Reduction

Indiana law allows certain types of Class D or Level 6 felonies to be re-sentenced as Class A misdemeanors.  Reduction of a felony to a misdemeanor restores the rights that were forfeited upon conviction for a felony, and makes the conviction a misdemeanor for all purposes.  Certain Class D or Level 6 felonies can never be converted to a misdemeanor.  A person can never convert a felony to misdemeanor if the conviction if for a felony resulting in bodily injury to another, a conviction for perjury or official misconduct, or the person is a sex or violent offender.

A Class D or Level 6 felony can be reduced to misdemeanor if all of the following are true:

  • At least three years have passed since the person completed the sentence for the offense
  • All fines, fees, court costs, and restitution have been paid;
  • You have not been convicted of another felony since completion of your sentence; and
  • There are no charges pending against you.

Indiana Firearm Rights Restoration

Under Indiana law, and expungement restores all civil rights that were forfeited upon conviction, including restoration of firearm rights.  In Indiana, a felony conviction makes a person ineligible to possess handguns.  If your case can be expunged, this will automatically restore your eligibility for a hand gun permit.  However, if you were convicted of a crime of domestic violence, the expungement alone will not restore firearm rights.

A person with a domestic violence conviction can petition the court for restoration of their firearm rights if at least five years have passed from the date of conviction.  The court will consider a variety of factors to determine if you have been sufficiently rehabilitated, and to determine if you still pose a threat to the victim of offense.  Upon granting of a firearm rights restoration order, a copy is sent to the Indian State Police, and you will be eligible to apply for a hand gun permit.

Indiana Juvenile Expungement

Under Indiana law, expungement of juvenile adjudication records falls under the same rules as adult convictions described in the previous sections.  In addition to the general expungement rules, juvenile cases are also eligible to be fully destroyed.  Any person can petition the juvenile court to expunge their case records.  The court will consider a variety of factors to determine if the expungement is warranted.  If granted, the expungement order forces entities with information about the case to turn over those records, and the records are fully destroyed.

Indiana Driver’s License Restoration

Indiana law recently changed to allow habitual traffic offenders to petition for a provisional license, or “specialized driving privileges”.  You can have your license revoked for five or ten years if you are classified as a habitual traffic offender.  Certain offenders can even have their license revoked for life.  If you meet certain requirements, you can ask the court to issue you specialized driving privileges.  Specialized driving privileges allow a person to drive to and from work, home, to pick up children at school, or run certain typical errands, such as buying groceries.  If granted, the specialized driving privileges last for a specific amount of time, put forth in the declaration, and can be renewed again by the court upon expiration.

Click here to read the Indiana expungement statute.

Indiana Office Address:

9465 Counselors Row
Suite 200
Indianapolis IN 46240
*By appointment only

Frequently Asked Questions for Indiana

 

What is the difference between expungement and restricted access for my criminal records?
An expungement means your criminal records will be destroyed if granted by the court. It is a complete erasure of your records and no one would be able to see those records in the future. Indiana Code § 35-38-5-1. Restricted access means your records are not destroyed but kept from the most all of the general public. Only law enforcement agencies, child service agencies, and very few other government organizations may see your records upon necessity, and you may legally claim to not have been subject to conviction on a job/mortgage/rental application. Indiana Code § 35-38-5-5.5.
Do I qualify for an expungement/restricted access in Indiana?
The easiest way to find out is by taking our free, confidential Eligibility Test. In the alternative, you can refer to the above paragraphs to have a better idea of your eligibility. You may also give us a call at 844-947-3732 to talk directly with a criminal record legal analyst or attorney from our law firm.
I do not qualify, anything else I can do?
If you are not qualified for the above services but are still looking for ways to improve your life, one of our affiliates has an alternative to remove your records and personal information from the private online background check databases that matter the most. You can find out more about this service at www.recordshield.com. Note, however, that this is not a legal service that, and is not a substitute for an expungement.
How much do I pay for the services?
Currently we charge between $750 to $1,000 for most services in Indiana. We offer payment plans based on the client’s needs, and a money-back guarantee for many of our services. Contact us today to get a tailored quote – we always offer discounts to clients ready to take actions!
What do I need to do to get started?
If you are reading this – you have already started the right course of action! Take our free, confidential Eligibility Test, or give us a call at 844-947-3732 to get started!
Why should I choose WipeRecord to handle my expungement?
Having your record expunged/restricted is not an easy process – there are many subtle rules that need to be followed for you to be successful. Hiring us to obtain an expungement/restricted access on your behalf will give you peace of mind, ensuring it is done correctly and as quickly as possible, and increasing your chances of success. We will handle any objections the District Attorney may present, send a licensed attorney to argue your case in court if need be, and write letters to potential employers indicating that your case has been reopened and is in the process of being removed from your criminal record, all at an unbeatable price.
How long do I have to wait for the petition to be granted?
The most frequently question we hear from clients is – how long do I have to wait? We understand the importance of working efficiently so we try our best to move things forward. However, an expungement usually takes several months to obtain, depending on the particular county and courts.  We will keep you updated along the way on  the progress of your case, but cannot make the courts move more quickly.
Am I required to go to court?
Typically, clients do not have to show up in court for us to do our job. Under rare circumstances where you are required to attend a hearing, we will be there every step of the way and make sure you have nothing to worry about.
How do I learn about my case status once I hire WipeRecord?
We strive to make our clients informed and assured of every processes of their case. Clients get a monthly update of their case from our paralegals, and one can always contact us by either phone or email for an update. Our law firm is currently finishing up a custom client portal, where clients can obtain information about their case online by simply logging in.

Have More Questions?

Contact Our Criminal Record Analysts

We are happy to answer your questions about WipeRecord and all of our other services. If you'd like to
discuss clearing your criminal record, please contact us in the manner most convenient to you.

844-947-3732

The Benefits of a Clean Record

  • Get the job you want and make more money
  • Travel internationally without worrying
  • Reduce the cost of loans and insurance
  • Quit worrying about what people will find in a background check
  • Truthfully tell employers that you have not been convicted
  • Put your past mistakes behind you

What else do you want to know?

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We Serve All Counties In Indiana including:

Vanderburgh, Vermillion, Vigo, Tipton, Union, Tippecanoe, Switzerland, Wabash, Sullivan, Warren, Warrick, Washington, Steuben, Starke, Spencer, Shelby, Wayne, Wells, White, Whitley, Scott, St. Joseph, Rush, Ripley, Randolph, Putnam, Pulaski, Posey, Porter, Pike, Perry, Parke, Owen, Orange, Ohio, Noble, Newton, Morgan, Montgomery, Monroe, Miami, Martin, Marshall, Marion, Madison, Lawrence, LaPorte, Lagrange, Kosciusko, Knox, Johnson, Jennings, Jefferson, Jay, Jasper, Jackson, Huntington, Howard, Henry, Hendricks, Harrison, Hancock, Hamilton, Greene, Grant, Gibson, Fulton, Franklin, Fountain, Floyd, Fayette, Elkhart, Dubois, DeKalb, Decatur, Dearborn, Daviess, Crawford, Clinton, Clay, Clark, Carroll, Brown, Blackford, Benton, Bartholomew, Allen, Adams,
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