What is Expungement?
What is expungement?
Expungement is a legal process that gets rid of your criminal record. Generally, the criminal records are destroyed or given to you.
How can I get an expungement?
In Indiana, it is possible to have an arrest record expunged in limited circumstances. However, if you were convicted, there is no procedure to expunge a conviction. So if you either pled guilty to a crime or you were found guilty by a judge or a jury, you cannot get those records expunged.
How can I get an arrest record expunged?
You can have an arrest expunged if:
- You were arrested but no criminal charges were ever filed against you;
OR
- You were arrested and criminal charges were filed, but all criminal charges were dropped because of one of the following reasons:
- mistaken identity,
- no offense was actually committed, or
- absence of probable cause.
These are the only circumstances under which you can have an arrest expunged. You will have to prove to the court that one of these circumstances applies. Also, you generally must not have a record of other arrests (except for minor traffic offenses) and you must not have any additional criminal charges pending against you. If you have a record of other arrests and if the state objects to the expungement, it will be up to the trial court whether or not to grant the expungement of your current arrest.
I went to trial for a crime but the jury found me not guilty. Can I get my criminal arrest record expunged?
No. If you were arrested, charged, and had a trial at which you were found not guilty, you are not entitled to have the arrest expunged. You do not fit into one of the two categories above.
How can I file for expungement?
If you fit within category 1 or 2 above, you can file a petition for expungement of the records related to the arrest. You can either hire a private attorney to help you, or you can file the petition on your own. If you file the petition on your own, you should type or neatly print your petition on 8½" by 11" paper. This petition must be filed in the court where the criminal charges were filed. If no criminal charges were filed, the petition must be filed in the criminal court in the county where the arrest occurred.
What do I have to put in the petition?
In your petition, you must include the following:
- The date of the arrest.
- The charge.
- The law enforcement agency that employed the arresting officer.
- Any other identifying information, such as the name of the arresting officer, the police case number, or the court cause number.
- Your birthdate.
- Your social security number.
- A statement that everything in your petition is true (this is known as a "verification".)
You need to sign the petition, and take the original petition to the proper court and send a copy of the petition to the law enforcement agency that made the arrest AND to the state central repository for records, (located at the Indiana Government Center, 100 N. Senate, Room 302, Indianapolis, Indiana, 46204).
What will happen after I file the petition?
After your petition has been filed, the court can either:
- Grant the petition.
- Set the matter for hearing.
- Deny the petition.
After you file your petition, any law enforcement agency that disagrees with your expungement petition has 30 days to file a notice of opposition with the court saying why it objects to the expungement. The agency can also file sworn statements from individuals who represent the agency that explain why the agency objects to the expungement.
After a hearing, the petition for expungement shall be granted UNLESS the court finds:
- You do not qualify under one of the two categories for expungement;
- You have a record of arrests other than for minor traffic offenses; or
- You have additional criminal charges pending against you.
If you have a record of other arrests and the state objects to your expungement request, it will be up to the trial court whether or not to grant your petition for expungement.
What happens if the court grants my petition for expungement?
If the court grants your petition for expungement, the law enforcement agency must either destroy or give to you all records they have about the arrest. Additionally, no information about the arrest can be placed or kept in any state central criminal information system.
Can I do anything to get rid of a criminal record of conviction?
The Indiana Constitution says the Governor may grant a pardon after conviction of a crime; however, the Governor does not do this very often.
What about juvenile records? Can they be expunged?
A person can request expungement of records when a child was found to be a delinquent child or a child in need of services. You make the expungement request to the juvenile court that handled the delinquency or child in need of services case.
When deciding whether to grant the petition, the juvenile court may review:
- The best interests of the child.
- The age of the person during the person's contact with the juvenile court or law enforcement agency.
- The nature of any allegations.
- Whether there was an informal adjustment or an adjudication.
- The disposition of the case.
- The manner in which the person participated in any court ordered or supervised services.
- The time during which the person has been without contact with the juvenile court or with any law enforcement agency.
- Whether the person acquired a criminal record.
- The person's current status.
If expungement is granted, the records may be destroyed or given to the person who requested expungment.
Is there anything else I can do to get rid of old criminal records?
If more than 15 years has passed since the time you were discharged from probation, imprisonment or parole, you may petition the state police department to limit access to your criminal history to criminal justice agencies. If you have filed such a petition, the state police department shall not release limited criminal history to noncriminal justice agencies.
Last revised: 10-04
LSC Code: 2041200
|
|
