Can I File For Early Expungement In Indiana?

Whether you pursued having your records sealed in Fort Wayne or Indianapolis, what happens next should look similar. You went through the paperwork, waited patiently, and finally received the good news. That your Indiana expungement has been granted. So, what now? Many people think that once a judge signs the order, their record disappears instantly. But the process doesn't end there. Knowing what happens after your expungement is approved in Indiana is just as important as filing the petition correctly. Here’s what to expect next and how to make the most of your clean slate. 1. How Long Until My Record Is Actually Cleared? Once your expungement is granted, the court notifies relevant agencies, but it doesn’t happen overnight. Each agency (such as the Indiana State Police, Department of Corrections, county clerk, and local law enforcement) must update their records individually. Typical timeline: Indiana State Police: 30–60 days to update Local court systems: varies by county Background check companies: 60–90+ days to reflect changes Pro tip: After 60–90 days, run your own background check to confirm your record has been updated across databases. 2. Who Can Still See My Record After Expungement in Indiana? It depends on the type of expungement you were granted: Misdemeanor and Most Level 6 Felony Expungements: Your records are sealed from public view. Law enforcement, courts, education, and a few others may still access them, but employers, landlords, and the general public cannot. Other Felony Expungements Not Covered Above: Records are marked as expunged but not sealed. They’ll still appear in some law enforcement systems, but with a notation that they’ve been expunged. Note: Expunged convictions cannot be used against you in most civil or criminal proceedings in Indiana. 3. Will My Mugshots or Charges Still Appear Online? Here’s the frustrating truth: some third-party websites and news outlets may still display arrest records or mugshots, even after expungement. That’s because these private websites don’t always update with court orders. What you can do: Contact sites directly to request removal (include your expungement order) Use an online reputation management service Hire an attorney to send removal requests if needed 4. Can I Say “I’ve Never Been Convicted” on Job Applications? It depends. This is one reason we provide our clients with a guide on how to handle job applications and job interviews after an expungement. In general, if asked: You are not required to disclose expunged arrests or convictions Employers are prohibited from asking about expunged records 5. What Else Can Expungement Help Me With? An expunged record can open new doors, especially when it comes to: Employment (pass background checks and open more job opportunities) Housing College Financial Aid Professional Licenses Gun Rights Restoration (if applicable and petitioned separately) Peace of mind knowing your past is no longer public 6. Final Steps: What Should You Do Now? After your Indiana expungement is granted: Wait 60–90 days, then run a background check Check your local court’s online docket to confirm updates Review your online presence and request content removals if needed Keep a certified copy of your expungement order for your records (we provide our clients with a digital, physical, and a laminated copy to last) Need Help With An Expungement? We serve clients across all 92 counties in Indiana, and we’re here to guide you every step of the way. Located near Fort Wayne | Serving All of Indiana Call us at 260.244.4422 Visit: https://www.bradbaberatty.com/seal-your-records

If you're ready to move on from your past and get a fresh start, filing for expungement in Indiana can be a life-changing decision. It allows you to clear or seal your criminal record, making it easier to get a job, find housing, and regain your peace of mind. But even a small mistake during the expungement process can result in delays, or worse, a denial. At Baber & Baber, P.C., we’ve helped clients across Indiana successfully expunge their criminal records. Along the way, we’ve seen the same avoidable mistakes trip up too many people. If you're filing for expungement in Indiana, here are the top three mistakes to avoid: 1. Not Fully Checking Eligibility Before Filing Just because you’ve completed your sentence doesn’t mean you’re automatically eligible to file for expungement in Indiana. There are specific waiting periods, disqualifying offenses, and required conditions based on the type of conviction. Common eligibility issues include: Filing before the required waiting period has passed Having a disqualifying conviction (like certain sex or violent offenses) Owing court fees, fines, or restitution Attempting to expunge multiple cases that are not eligible under one petition Tip: Before you file, work with an experienced expungement attorney who can evaluate your full criminal history and ensure you're eligible under Indiana Code § 35-38-9. 2. Incomplete or Incorrect Paperwork Filing for expungement in Indiana isn’t just about filling out a form. The process requires precise paperwork, accurate case numbers, and detailed information for every charge, conviction, and county involved. Mistakes we commonly see: Missing required information like disposition dates or case numbers Using outdated forms or incorrect petition formats Not including a proposed order Even one error can lead to rejection or delay, and courts are not required to give you a second chance. Tip: Make sure all paperwork is complete, consistent, and filed according to the rules of each individual court. 3. Not Filing in All Counties Where You Have Criminal Records Indiana law requires you to file your expungement petitions in all counties where you have eligible convictions within the same 365-day period. That means if you forget a county or wait too long between filings, you may lose your chance to expunge your entire record. This is one of the biggest (and most frustrating) mistakes we see. Tip: Run a statewide criminal history report and consult with a lawyer to ensure you're filing correctly and in every necessary county the first time. Final Thoughts Getting your record expunged is one of the most powerful legal tools available in Indiana, but only if it’s done right. Don’t risk missing your chance due to paperwork issues, eligibility confusion, or a technical mistake. At Baber & Baber, P.C., we offer statewide expungement services to help you avoid these mistakes and navigate the process with confidence. We serve clients in every Indiana county, and we’re here to make sure your path to a clean record is as smooth as possible. Ready to Clear Your Record? Contact Baber & Baber, P.C. today for a free case review and let’s talk about your eligibility, your goals, and your next steps. 📍 Based in Columbia City, Indiana - Serving all 92 counties 📞 260.244.4422 🌐 bradbaberatty.com/seal-your-records

Last Updated: 5/22/2025 NOTE: This is for informational purposes only. This is not intended and meant to be taken as legal advice. ________________________________________ What Is Expungement? Expungement is a legal process that seals or marks certain criminal records so they are not available to the public. It allows qualifying individuals to move forward in life without the burden of a past criminal record affecting their employment, housing, or personal reputation. IMPORTANT: While expungement offers many benefits, it does not erase history. Law enforcement, courts, and certain agencies may still access expunged records under specific conditions. ________________________________________ Who Is Eligible? Eligibility depends on: • Type of offense (arrest, misdemeanor, or felony) • Time elapsed since the conviction or sentence • Absence of new criminal charges • Full payment of fines, fees, court costs, and restitution Each section of IC 35-38-9 governs a different type of record. Below is a breakdown. ________________________________________ 1. Expungement of Arrest Records (IC 35-38-9-1) You may qualify if: • Charges were dropped, dismissed, or no conviction occurred • A full acquittal occurred • One year has passed since arrest with no charges filed • Conviction was vacated or later expunged Disclosure: Law enforcement and courts may retain non-public internal records. You must not be in a diversion program unless the prosecutor allows early filing. ________________________________________ 2. Misdemeanor Convictions (IC 35-38-9-2) You may petition 5 years after the conviction if: • No charges are currently pending • No convictions in the last 5 years • All fines, fees, and restitution are paid • Prosecutor consent can reduce this timeline Exclusions: • Sex or violent offenders • Multiple felony convictions involving deadly weapons (not part of the same episode) ________________________________________ 3. Minor Felonies (Class D / Level 6 not reduced) (IC 35-38-9-3) You may petition 8 years after the conviction if: • No new convictions in that time • All obligations from sentencing are fulfilled • No charges are pending • Prosecutor consent can reduce the time Not Eligible If Convicted Of: • Violent crimes, sex offenses, perjury, official misconduct, crimes involving bodily injury, or multiple felonies with a deadly weapon ________________________________________ 4. Other Less Serious Felonies (IC 35-38-9-4) Eligible after 8 years from conviction or 3 years from sentence completion (whichever is later), with: • No new convictions in 8 years • All court obligations satisfied Court discretion applies. Exclusions mirror above, with the addition of: • Serious bodily injury • Felony death cases ________________________________________ 5. Serious Felony Convictions (IC 35-38-9-5) Eligible after 10 years from conviction or 5 years from sentence end with: • No new convictions in last 10 years • All obligations paid • Prosecutor MUST consent in writing Exclusions: • Sex/violent offenders • Felony death or serious injury crimes • Official misconduct • Certain listed crimes (e.g., homicide, trafficking, sex offenses) ________________________________________ Petition Timing Limits & Restrictions (IC 35-38-9-8 & 9) • You must consolidate all petitions from the same county. • You can only file once per lifetime, unless: A petition was denied and refiled for convictions not previously granted (after 3 years if denied under discretionary sections) A court permits an amendment due to good faith/excusable neglect ________________________________________ What Happens After Expungement? If granted (Misdemeanors and Minor Felonies): • Records are sealed from public access • Civil rights (voting, jury service, firearm rights*) are restored • Employers and landlords may not legally discriminate If granted (Serious Felonies): • Records remain public but are marked “expunged” • Rights restored EXCEPT gun rights in domestic violence cases • Still count for sentence enhancement in future offenses *Firearm rights require separate petition if conviction involved domestic violence. ________________________________________ Disclosures and Limitations • Expungement does not erase all traces. Courts, law enforcement, and certain licensing agencies may still access these records. • Expungement does not stop federal reporting (e.g., CDL violations, mortgage licensing). • Expunged convictions may still affect sentencing in future cases. • Expungement does not affect immigration consequences. • You must answer questions truthfully. You may deny expunged convictions on most applications—but always read the question carefully. • Expungement does not apply to federal convictions. ________________________________________ Required Information to File Each petition must include: • All names/aliases • DOB and addresses since conviction • SSN and driver’s license # • Case numbers and conviction dates • A statement confirming eligibility • Payment of the civil filing fee unless waived • Prosecutor’s consent if required ________________________________________ Notice and Disclaimer By receiving this guide: • You acknowledge this document is general guidance and not legal advice. • Each expungement is case-specific. Outcomes are not guaranteed. • Eligibility does not guarantee approval. • You are responsible for providing accurate, complete information. • Misstatements may result in denial or inability to refile. ________________________________________ Next Steps 1. Schedule a free case review if you haven’t done so. 2. If eligible, we will send you an engagement letter for signature, a link for payment, and a list of the next steps. 3. You may or may not need to attend a hearing. ________________________________________ Contact Us Call 260.244.4422 and ask for Zach Or, c lick here to learn about our Clean Slate Package and free case review. Baber & Baber, P.C. Attorneys At Law 110 N. Main St. Columbia City, IN 46725 Phone: 260.244.4422 Website: www.BradBaberAtty.com