When Can Serious Felony Convictions Be Expunged?

Under Indiana law, it may be possible to have a record of a criminal conviction expunged. It is important to know that Indiana does not use the term “expungement” to mean the destruction or eradication of any trace of a criminal record (as some states do), but rather uses the term to refer to different processes for sealing the record from public view or allowing parties like employers to use expunged criminal records against you. Eligibility for expungement depends on the length of time since the conviction occurred or the terms of the sentence were completed. Generally speaking, a majority of misdemeanor convictions are eligible for expungement, and many less serious felony convictions can also be eligible for expungement. But what about more serious felony convictions?

Under IC 35-38-9, there are some types of felony convictions that can be expunged, but for certain more serious convictions, the expungement process works slightly differently than it does for other types of expungements. Our experienced Indianapolis expungement lawyers can explain, and we can assist you with your case if you are eligible to seek an expungement.

Serious Felony Convictions That Cannot Be Expunged 

Some types of serious felony convictions are not eligible for expungement regardless of the amount of time that has passed. Under IC 35-38-9-3(b), IC 35-38-9-4(b), and IC 35-38-9-5(b), the following individuals cannot seek expungements:

• Sex offenders or violent offenders under IC 11-8-8-5;
• Conviction for any felony offense that resulted in another person’s death;
• Conviction for official misconduct;
• Conviction for homicide under IC 35-42-1;
• Conviction for any human and sexual trafficking offense under IC 35-42-3.5; or
• Conviction for any sex crime offense under IC 35-42-4.

Serious Felony Convictions That Can be Expunged 

Generally speaking, Indiana law does not consider Class D felonies or Level 6 felonies to be “serious” felony convictions, and these types of convictions are more easily expunged than other more serious felony convictions. Other serious felony convictions, then, fall into two categories: felonies (other than the above) without serious bodily injury or death of another person, and “certain serious felony convictions” that did not result in the death of another person.

As for the first category, a person convicted of a felony offense (that is not a Class D or Level 6 felony) that is eligible for expungement must wait 8 years after the date of the conviction or three years after completion of the sentence — whichever comes later.

As for the second category, when Indiana law refers to “certain serious felony convictions” under IC 35-38-9-5 that do not fit into the first category, these second category convictions include:

• Convicted person is an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and
• Felony for which the person was convicted resulted in serious bodily injury to another person.

These types of convictions can only be expunged after 10 years from the date of the conviction or 5 years from the date of the completion of the sentence. In addition, the consent of the prosecutor is required for expungement.

Contact an Indianapolis Expungement Lawyer 

If you have any questions about expunging a serious felony conviction, it is important to seek advice from an experienced Indianapolis expungement attorney at Rigney Law LLC. We can begin working with you on your expungement today.

Sources:

in.gov/ipdc/files/TITLE35_AR38_ch9.pdf

in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf