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Criminal Record Expungement in the State of Indiana

 

Being arrested and charged with a crime is one of the most stressful, frightening, humiliating experiences a person can go through. Often, you don’t know what’s going to happen and you don’t want people to know out of embarrassment. You just want to get through it and go back to living your normal life.

 

Unfortunately, if you are arrested in Indiana, it will go onto your permanent criminal record, and that will follow you around for the rest of your life. Every time anyone does a background check on you – whether it’s for an apartment, credit, a professional license, or even when you’re applying for a new job – that record of your crime will show up, and could result in the person doing the check deciding you’re not the person for them. For people who have made mistakes and are trying to get their life back on track, this can be a soul-crushing experience.

 

Thankfully, the federal government allows for a legal procedure called expungement whereby it is possible in some circumstances for the criminal and arrest records to be erased, sealed, or destroyed. This means that any records which are expunged will not be able to be seen by either the public or even for general law enforcement.

 

For juveniles, these “destroyed” records are actually given to the person they belong to, except for photographs, fingerprints, and arrest records, which can be returned to the individual or simply destroyed by the agencies where they reside. Other juvenile records that are eligible to be expunged include:

 

  • Law enforcement agency files
  • Court files
  • Files of anyone who has provided service to the minor under a court order

 

Certain adult cases, too, are eligible for expungement. If an adult is wrongfully arrested, the documentation that can be expunged includes:

 

  • Fingerprints
  • Arrest cases
  • Photographs
  • Arrest records

 

This information differs from other cases in that it won’t be kept in the criminal history system arranged alphabetically and maintained by either local, regional, or state law enforcement agencies, or in any central criminal history repository for the state.

 

In adult wrongful arrest cases, records eligible for expungement include fingerprints, arrest cases, photographs, and arrest records. Unlike other cases, information pertaining to wrongful arrests will not be placed or retained in an alphabetical arranged criminal history system maintained through local, regional, or state law enforcement agencies or in any state central repository for criminal history information.

 

By law, expungement in Indiana doesn’t require the court where the criminal charges were filed to alter its record, or for any changes to be made to records from the time of the arrest, including those entries made into police blotters. If requested, it is possible for DNA profiles and samples that relate to any criminals to be expunged. If this request is approved, Indiana Code 10-13-6-18 details how the Indiana DNA database will destroy any samples.

 

Indiana Expungement: Who Is Eligible

 

Indiana law doesn’t allow every single criminal or crime to remove records of their offenses. In fact, the rules for eligibility are fairly stringent. The only people who qualify are those who have had all criminal charges against them dropped due to:

 

  • Probable cause
  • Mistaken identity
  • Discovery that no offense was committed

 

It is also possible for a person who was convicted on DNA evidence that was later found to be false and had the conviction reversed and ultimately dismissed to apply for expungement, as well as anyone receiving a pardon from the Governor of Indiana. And, last but not least, minors charged with juvenile delinquency are also eligible to petition for their records to be expunged.

 

Indiana Expungement: How Does Someone Petition for Record Erasure?

 

If an individual’s crime and specific circumstances make them eligible for expungement, the first thing that they must do is petition the court where they were accused of the original crime. Any petition is required to have on it the date the individual was arrested, the charges leveled against him or her, the name of the law enforcement agency for which the arresting officer works, all identifying information (case number, court number), the birthdate of the individual petitioning, and the petitioner’s social security number. The arresting law enforcement agency and the central state repository should also receive copies of this petition to the court.

 

Once the petition is in, it will be examined thoroughly to determine whether or not it is in the favor of the court to grant expungement in this particular instance. Since expungement is not a right, but a privilege, it is entirely possible that the petition will be denied.

 

If, however, expungement is granted, all law enforcement agencies involved with the case will be required to send every record they have back to the court under Indiana Code 31-39-8-5. For juvenile cases, these records also include information from anyone who gave treatment to the minor under the order of the court.


 

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