Do misdemeanors go away in Indiana?

Asked by: Laverna Sipes  |  Last update: September 23, 2022
Score: 4.9/5 (57 votes)

Absolutely. ALL misdemeanor convictions can be expunged under Indiana's Expungement law.

What is a misdemeanor in Indiana?

Misdemeanors are less serious than felonies. In fact, the most common types of criminal cases filed in Indiana are misdemeanors. According to the Indiana Trial Court Statistics by County, almost 45.1% of new criminal cases filed in 2020 were misdemeanors.

How can I clear my criminal record?

You can apply to have your criminal record expunged when:
  1. a period of 10 years has passed after the date of the conviction for that offence.
  2. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
  3. the sentence was corporal punishment.

What is the lowest misdemeanor in Indiana?

Indiana has three types of Misdemeanors: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. In Indiana, Class A Misdemeanors are the most serious and Class C Misdemeanors are the least serious.

How do I file a petition for an expungement in Indiana?

A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel. The Indiana State Police cannot give legal advice regarding the filing of a petition.

Indiana Expungement - An overview of the Qualifications

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How long does it take to expunge a misdemeanor in Indiana?

Following are the waiting periods for expungement of arrests, charges, and convictions: For arrests, charges, or juvenile delinquency adjudications, the waiting period is one year. For misdemeanors and lower level felonies reduced to misdemeanors, the waiting period is five years.

Who can see expunged records in Indiana?

Expunge a Conviction

For misdemeanors and Class D (Level 6) felonies, expungement means that only some agencies, such as police, and attorneys can view the records. For more serious felonies, the records remain public, but they are clearly marked as “expunged.”

What are the misdemeanor exceptions in Indiana?

In Indiana, for a misdemeanor, a law enforcement officer can generally only make a warrantless arrest for a crime that is committed in the officer's presence. However, there are exceptions to this rule, including domestic battery and theft.

How do you get a misdemeanor expunged in Indiana?

Your misdemeanor conviction(s) WILL be expunged if the court finds:
  1. It's been five (5) years from the date of the conviction;
  2. You have no criminal charges pending;
  3. You have paid all your fines, fees, court costs, and restitution obligations; and.
  4. You have not been convicted of a crime within the previous five (5) years.

How serious is a Class C misdemeanor Indiana?

So, a Class C Misdemeanor is the least serious charge that can be filed in Indiana. There are infractions and ordinance violations (think speeding tickets and seatbelt tickets, etc.) that are less serious, but these are not criminal charges and generally do not carry any jail time.

Can I clear my criminal record after 5 years?

You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.

Does a criminal record stay with you for life?

Why is it still on my record? Since 2006, the police retain details of all recordable offences until you reach 100 years of age. Your conviction will always show on your police records but the conviction may not show on your criminal record check that is used for employment vetting purposes.

Do criminal records expire?

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

What is the lowest misdemeanor?

The least serious misdemeanors are classified as Class C or Level Three. These crimes can result in fines and jail time of up to a year, and may also offer the chance of probation. The federal criminal code and the criminal laws of every state divide crimes into two levels, felonies and misdemeanors.

What is a class D misdemeanor in Indiana?

Class D felonies include: • Operating a vehicle while intoxicated. • Marijuana possession – 30 grams or more. • Theft – valued at $750 or more. • Counterfeiting.

What is a misdemeanor charge?

Under federal law and in most states, a misdemeanor is a criminal offense that carries a potential jail term of less than one year. Some states define a misdemeanor as a crime that is not a felony or an infraction. Just as infractions are sorted into classes misdemeanors are as well.

How much does it cost to expunge your record in Indiana?

In most cases, the filing fee for a petition for expungement is equal to the court's civil filing fee (currently $156 for most courts). The court may reduce or waive this fee if the person is indigent. There is no filing fee for a petition for expungement of an arrest record that did not lead to a conviction.

How long does it take for your record to clear after expungement in Indiana?

The average Indiana expungement takes approximately four to six months. While that is the average timeframe, some expungements will be completed more quickly and some will take longer, depending on the facts of the case, whether the DA agrees or objects, and the age of the case, etc.

How can I get my record expunged for free in Indiana?

Expungement of Non-Conviction Records
  1. You were acquitted of all felony charges or, alternatively, all felony charges were converted to misdemeanors.
  2. All of the charges against you were dismissed.
  3. At least one year has passed since your arrest and no charges have been filed against you arising from that arrest.

What is a Class B misdemeanor?

Class B misdemeanors are a class of criminal offense in Texas. They are midrange misdemeanors. They are not as severe as felony offenses. A conviction for a Class B misdemeanor carries up to 180 days in county jail. Defendants can also be made to pay a fine of up to $2,000.

What is Indiana Code Title 35?

No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

What happens if you have a warrant in Indiana?

First, you will surrender yourself to the Court on the open warrant. Second, the Judge will immediately conduct a bond review. This has several advantages over turning yourself in. First, if the Judge decides to release you on your own recognizance, you can merely walk out of court without spending a minute in jail.

Can a felon get a gun permit in Indiana?

Under Indiana law, any person convicted of a felony is not eligible for a hand gun license.

How do I get a criminal background check in Indiana?

Individuals can request a copy of their criminal record information in two ways, either by mailing in a request with fees and a copy of identification enclosed, or by going to a law enforcement agency or the Central Records Division at the Indiana Government Center, 100 N.

How do I get a pardon in Indiana?

To be eligible for a pardon, you must be five years removed from the completion of your sentence. Parole and probation are considered part of your sentence. 7. The Governor of Indiana may only pardon you for crimes you committed in Indiana.