How much does it cost to get your record expunged in Indiana?

Asked by: Prof. Fiona Franecki PhD  |  Last update: February 19, 2022
Score: 4.1/5 (49 votes)

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.

What crimes Cannot be expunged in Indiana?

Certain Offenses Not Eligible for Criminal Record Expungement
  • Offenses involving homicide, voluntary manslaughter, or involuntary manslaughter.
  • Convictions for two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct.

How do you get your record expunged in Indiana?

Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. 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.

How long does expungement take 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 long does it take to expunge a felony?

Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.

Indiana Expungement - An overview of the Qualifications

43 related questions found

Do felonies ever drop off your record?

A felony conviction will stay on your criminal record forever, if nothing is done about it. Anyone who has been convicted for a felony-level offense has to proactively take steps to have the record of the conviction removed. Those steps are known as the expungement process.

Does your criminal record clear after 7 years?

¦ Your criminal record can be expunged if 10 years have lapsed after the date of your conviction of your offence. ... ¦ Your record can be expunged after five years for other cases, unless you were ordered to pay restitution.

Does Indiana expungement restore gun rights?

Does an expungement under the Indiana Code restore the rights of an individual to purchase or possess a firearm under the 1968 Gun Control Act [18 U.S.C. §§ 921 et seq.]? Yes, because an expunction restores civil rights with no firearm restrictions.

Who can see expunged records in Indiana?

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.” You must pay civil filing fees to petition for expungement.

How long do you have to wait to expunge a misdemeanor in Indiana?

If you were convicted of a misdemeanor or a Class D or Level 6 felony that was reduced to a misdemeanor, you must wait five years from the date of your conviction before applying for expungement. If you were convicted of a Class D or Level 6 felony, the waiting period is eight years from the date of your conviction.

How long do you have to wait to get something expunged?

Depending on the conviction, you request an expungement 10 or 15 years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later.

How many Expungements are you allowed?

Generally, you may only receive an expungement once. (N.J.S.A 2C:52-14). Therefore, you should try to expunge all eligible records at one time. After receiving your first expungement, if you are convicted for another crime, you will not be able to expunge that conviction.

How do you get felonies expunged?

How to Request a Felony Expungement. The process for expunging a felony charge and/or conviction also varies state to state but will typically require filing a petition with the court that originally heard your case. The district attorney or prosecutor's office must also be notified of your request.

How long do misdemeanors stay on your record?

How long is a misdemeanor on your record? A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

How far back does a background check go in Indiana?

There is also no restriction on how far back criminal convictions can be reported. The FCRA's seven-year lookback period does not apply to background information about past employment, education, or credentials.

Can police see expunged records in Indiana?

Criminal justice agencies like the court, prosecutor, and police will continue to have access to all information. Although it has been nicknamed an "expungement law," Indiana's Second Chance Law only restricts access to criminal records; it does not forever erase or expunge one's criminal history.

How do I get a criminal record off my background check?

Can criminal records be cleared? In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.

How long after expungement can I buy a gun in Indiana?

Under Indiana law, those with domestic convictions must apply to have their gun rights restored through a separate application process. (I.C. 35-47-4-7). Under this process, five years after a conviction, a person may petition a court to have the right to possess a firearm restored.

Can a felon own a gun after 10 years in Indiana?

No, federal law prohibits a convicted felon from owning or possessing a firearm.

Can I own a gun with an expunged felony in Indiana?

It means that, in Indiana, your firearms rights are restored following an expungement; however, there is one exception: If you were convicted of a misdemeanor or a felony involving domestic violence, your firearm rights cannot be restored through an expungement. ...

Can I clear my criminal record after 5 years?

Do you qualify for expungement? 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.

How long do arrests stay on your record?

Again, a record of your arrest will still remain on PNC and an application for removal of this will need to be made under the Record Deletion Process. However if you do have any previous convictions the information will be retained for a period of 3 years.

Can you just get probation for a felony?

Defendants facing a criminal charge for a felony can be sentenced to felony probation if they are convicted. That probation sentence can be in lieu of jail time. It can also reduce the amount of jail time that has to be served.

How much does it cost to get a felony expunged 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.