Who can see expunged records in Indiana?
Asked by: Edna Wiegand | Last update: May 2, 2025Score: 4.3/5 (59 votes)
Under Indiana revised expungement law, expunged records are sealed and can only be accessed by court order or to a law enforcement officer. When the court approves an expungement, no part of the arrest, criminal charges, or court proceedings are retrievable by the general public.
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.
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)
Can a judge see an expunged record?
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.
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.
Indiana Expungement FAQ - Sealing Your Record
Can police see expunged records in Indiana?
Public agencies will refuse disclosure of records if the information on the case file is sealed or expunged.
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.
How can I get my record expunged for free in Indiana?
The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.
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.
Can I join the military with an expunged felony?
Fortunately, there is a way in which individuals who have acquired a criminal record (whether convictions and charges have been expunged or sealed) can still enlist. Interested applicants must obtain a criminal record waiver.
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.
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.
Can the FBI see expunged charges?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Do expunged records show up on TSA background check?
Expunged records will still appear on your background check when applying for TSA PreCheck; they will not necessarily disqualify you from being accepted into the program.
What shows up on a security clearance background check?
This security clearance requires a thorough personnel security background investigation that examines your life history, character, trustworthiness, reliability and sound judgment. The background investigation will: Review your previous and current employment history, including contact with your current employer.
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 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.
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.
Can employers see sealed records?
Records of your sealed cases should not show up on most background checks or on most RAP sheets. Some agencies and employers will have access to your sealed records if they request them from the court. The following agencies and employers may access your sealed records: “Qualified agencies” (defined in Exec.
How many times can you expunge your record?
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 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.
How can I see my expunged record?
If your court records were expunged, they may have been destroyed. If your records are sealed, you can go to court and request your complete record. You can also talk to your criminal defense lawyer for help getting access to your records.
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.
How to get your record sealed 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.