What You Should Know About Expunging Arrest Records

Criminal conviction records can have substantial effects on a person’s future, but even an arrest record — without a conviction — can be damaging. Indeed, even if you were never convicted of a criminal offense in Indiana, you may still need to report an arrest record when applying for certain jobs or licenses or submitting certain applications. As such, even arrest records can have consequences in the future. Like other types of criminal records, it is important to know that you may be eligible to have an arrest record expunged. Although the term “expungement” in other states often refers to a record being destroyed, the term does not mean the same thing in Indiana. Under Indiana law, expunged records are usually sealed, but they do still exist. They are typically sealed in a way that prevents members of the public from accessing them, and in a way that prevents future employers or other parties from using them against you.

What do you need to know about having an arrest record expunged? Consider the following information from an experienced Indianapolis expungement lawyer at Rigney Law LLC.

Getting Arrest Records Expunged 

Having arrest records expunged is easier than having criminal conviction records expunged. Under IC 35-38-9-1, a person who has been arrested, charged with an offense, or alleged to be a delinquent child can petition for an expungement of those records after just one (1) year from the date of the arrest, charge, or delinquency allegation if the following are true:

• Arrest, charge, or delinquency allegation did not result in a conviction or a juvenile adjudication; and
• The person is not currently participating in a pretrial diversion program.

To have any of these records expunged, you should work with an expungement lawyer to file a petition for expungement of records. If the expungement is granted, any information concerning the arrest, charges, or juvenile allegations must be removed from any criminal history information system, and any court records must be sealed or redacted.

Seeking Expungement of “Collateral Action” Records 

What about records that are not for an arrest, but another action connected to a criminal arrest? In Indiana, these are known as “collateral action” records. Under IC 35-38-9-0.5, a collateral action is defined as “an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a conviction, or a juvenile delinquency allegation.”

This type of record can also be eligible for expungement.

Arrest Records Also Expunged with Conviction Expungements 

If you have a conviction record in addition to an arrest record and have sought and been granted a conviction expungement, Indiana law also requires the court to order arrest records to be expunged. To be clear, if you petition to have a criminal conviction expunged, you do not need to submit a separate petition to have your arrest record expunged. This process will be ordered by the court.

Contact Our Indianapolis Expungement Attorneys 

Are you hoping to have a record of a criminal arrest or charge without a conviction expunged? The process may be easier than you think with assistance from one of the experienced Indianapolis expungement lawyers at Rigney Law LLC. As long as one year has passed since your arrest or charge and you are not currently in a pretrial diversion program, we can begin working with you on your petition for expungement. Contact us today for help with your case.

Source:

in.gov/ipdc/files/TITLE35_AR38_ch9.pdf