Can police see expunged records in Indiana?
Asked by: Petra Jones | Last update: March 27, 2025Score: 4.8/5 (37 votes)
No, sealed records do not show up on background checks in Indiana as the state expungement statutes prohibit the disclosure of sealed records on criminal background checks.
Who can see expunged records in Indiana?
However, background checks run by criminal justice agencies such as law enforcement, prosecutor offices, and courts, would still have access to your criminal records, even if they have been expunged, ensuring that these records, while sealed from the general public and removed from public record access, remain ...
Can local police see expunged records?
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
What agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
What is the new expungement law in Indiana?
The new Indiana Expungement Law gives you one shot to expunge old convictions from your record. Depending on the severity of the crime, you may have to wait longer the more severe the criminal history.
What states can felons own guns?
What cannot be expunged in Indiana?
- Sex or violent offender per Indiana Code 11-8-8-5.
- Official misconduct under Indiana Code 35-44.1-1-1.
- Homicide, voluntary manslaughter, or involuntary manslaughter.
Can you reverse an expungement?
A Type of Dismissal
Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.
Can the FBI see my expunged record?
Expunged records can, in some cases, appear on FBI background checks, especially those conducted by law enforcement or certain government entities.. While expungement is meant to remove or restrict access to criminal records, the effectiveness of the process varies by jurisdiction.
Do expunged records show up on nics?
Expungement does not remove your case from this federal database. That means anyone who is able to run your fingerprints through the NCIC database could still find your expunged criminal record.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
Can a cop look up your record?
Yes, absolutely! They can find out if there are any unpaid tickets, any other driving infractions, suspensions, criminal history, parole or probation status if applicable, and any outstanding warrants out for your arrest.
How many times can you get your record expunged?
There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.
Can you still become a police officer with a criminal record?
Criminal Record
In most forces, felony convictions, records of domestic violence, and serious misdemeanors can keep a person from becoming a police officer. Murder, rape, robbery, drug trafficking, and other crimes are immediate disqualifications and may even reveal criminal ties.
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
How long does expungement take in Indiana?
It typically takes a few months to expunge a record in Indiana. Once you file your petition to expunge, the prosecutor has 30 days to object. If the prosecutor objects, or if the court believes it needs to take evidence before ruling on the request, it will schedule a hearing no less than 60 days after you file.
What is the second chance law in Indiana?
The Indiana Second Chance Law allows an individual to petition the court for an expungement of criminal records or to seal certain arrests or convictions. If the petition is granted, a person's criminal history is either expunged, sealed, or marked as expunged, depending on the reason a court granted the petition.
Are gun rights restored after expungement in Indiana?
Employers cannot discriminate against you based on your expunged conviction. It is possible to have your records sealed for misdemeanors and most minor felonies. What's more, your civil rights are restored—you can vote, hold public office, and serve as a juror. You also regain the right to own and possess a firearm.
Do you have to disclose expunged records for security clearance?
If you do not disclose your expunged charges on your security clearance application, you could be denied a security clearance. You could also be subject to other consequences, such as disciplinary action from your employer or even criminal prosecution.
What fails a NICS check?
Felony Convictions: As we mentioned, having a felony conviction on your record is the most common NICS denial reason. This includes any criminal conviction for a crime punishable by 1-year imprisonment or longer (even if you did not serve a year in prison).
Can prosecutors see expunged records?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Will a sealed record show up on a gun background check?
FBI for background checks related to firearms. Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.
How many records can you get expunged?
As a general rule, you can have two convictions expunged (one felony and one misdemeanor or two misdemeanors). Minor misdemeanors don't count when counting your convictions (charges that didn't carry any jail time). There are some limited situations where you can have more than two convictions expunged.
Can employers see sealed records?
A sealed record cannot be seen or considered by: • The general public • Landlords • Schools • Licensing boards • Most employers -- Employers who do not use FBI background checks won't see a sealed criminal record.
Can another state expunge my record?
Yes. You can expunge a record from another state, but you must follow that state's laws. This includes meeting eligibility rules, filing the required forms, and submitting documents like court records. Not all crimes can be expunged, so check the state's specific laws before applying.