Thanks to recent changes in Indiana law, the answer to both of these questions is yes for all but sex on violent offenses.
What are the requirements to seal an old conviction in Indiana?
At least one (1) year after an arrest for which there was no conviction, a petition may be filed to expunge the arrest record.
At least five (5) years after the conviction for a Misdemeanor on a Felony sentenced as a Misdemeanor, a petition may be filed to seal the conviction.
At least eight (8) years after the date of conviction or three (3) years after the completion of the sentence, whichever is later, for a Felony, a petition may be filed to seal the conviction.
At least ten (10) years after the date of the conviction or five (5) years after the completion of the sentence, whichever is later, for a Felony involving a public official or serious bodily injury, a petition may be filed to seal the conviction.
A petitioner must have successfully completed their sentence. This requires only that they have paid all fines, fees, Court costs, and restitution.
The petitioner must show that they have no pending open charges against them and that they have not committed another crime during the above waiting period.
The petition must be filed in the County of the crime/conviction and all crimes/convictions in that County must be sealed in a single petition. Separate crimes/convictions in separate Counties require a separate petition.
Can I truthfully deny having been convicted of a crime after my records are sealed?
Once successfully sealed, a person questioned about their criminal record may truthfully and legally state that they have never been convicted of a crime that has not been expunged by the Court. However, the prior conviction may be used by law enforcement and the Court to enhance the sentence or charge in a later crime.
Please note that expungement of a crime of domestic violence does not restore the right to possess a firearm. The right to possess a firearm may be restored only under IC 35-47-4-7.
Take Advantage of the Expungement Opportunity
A felony conviction can cost you tens of thousands of dollars in unearned income over your lifetime. Courts have only recently been authorized to seal convictions and give people a fresh start. The Legislature can change this at any time. Please take advantage of this important window of opportunity and call us about sealing your record. Your future success depends on it.
