I have 29 years of
Criminal Defense experience in the Lake, Porter, Jasper,
and Newton County courts.
I observed this law go through its various stages in the Indiana state legislature.
I've stayed on top of the changes in the proposed bill as they were being made.
I've been to several criminal defense attorney seminars discussing it.
I regularly exchange information and suggestions with other Indiana lawyers doing this work across the state.
is an "expungement?"
Under the NEW LAW, you may be able to have parts or all of your past criminal record SEALED so that it won't come up in a background check. This includes arrests.
Before this massive change in the law, except in the rare case where a Court found there was no probable cause for your arrest, the only way to get your record expunged would have been by getting a pardon from the Governor!
Now, however, you can have arrests and convictions SEALED after a specific number of years, depending on how serious the offense was.
|. . . [T]he expungement law, which
was co-sponsored by state Rep. Linda Lawson, D-Hammond;
and state Sens. Earline Rogers, D-Gary, and Lonnie
Randolph, D-East Chicago, will give thousands of
Hoosiers the chance to wipe their criminal records
The law requires a judge, in most cases, to erase the criminal record of an individual requesting expungement after a minimum of five years good behavior following completion of a criminal sentence.
It also requires the arrest record of any person not convicted of the crime he or she was arrested for be sealed.
It depends on the severity of the offense:
If it was an arrest, with no conviction . . . or if your conviction was reversed on appeal, ONE  YEAR after the DATE OF THE ARREST . . . if a reversal . . . ONE  YEAR after the DATE THE CONVICTION WAS REVERSED.
If the conviction was any kind of misdemeanor or a D felony that was TREATED as an A misdemeanor, it's FIVE  YEARS after the DATE OF CONVICTION.
If it's a D Felony that was NOT reduced to an A misdemeanor, it's EIGHT  YEARS after the DATE OF CONVICTION.
Other Felonies that do NOT include those with Serious Bodily Injury, it's EIGHT  YEARS after the DATE YOUR SENTENCE IS COMPLETED, which means, from the day your parole or probation ended.
Other Felonies that DO include those with Serious Bodily Injury, it's TEN  YEARS after the DATE YOUR SENTENCE IS COMPLETED, which means, from the day your parole or probation ended.
Where does your expungement petition
have to be filed?
What records will be sealed?For an arrest [without conviction] or a reversal of a conviction, in the Court where your case was filed, or, if not filed, any court with CRIMINAL jurisdiction in Indiana.
For all other situations, you'll have to file in the court where you were convicted and sentenced. If you have more than one conviction, in more than one county . . . you will have to file separate petitions in each county [and pay new filing fees in each county].
1. the courtís files,
2. the files of the Department of Correction,
3. the files of the Bureau of Motor Vehicles, and
4. he files of any other person who provided treatment or services to the petitioning person under a court order.
5. the Central Repository for Criminal History Information maintained by the State Police that relate to
the personís arrest.
will it cost?
The FILING FEE that is paid to the CLERK OF THE COURT is $139.00
You should also probably obtain an Indiana State Police printout of your Indiana record.
You can do so on-line: http://www.in.gov/ai/appfiles/isp-lch It will cost $16.32 per search using a credit card.
Or, as the ISP website suggests, "You may mail a request form to the Indiana State Police or visit the Central Records Division of the Indiana State Police at the Indiana Government Center, 100 N. Senate Avenue, Room N302, Indianapolis, Indiana, 46204."
Our Legal Fees
Drafting and filing of up to 5 separate expungement petitions
- We file to remove ALL charges on your record that are expungement-eligible; multiple petitions are required if there were multiple criminal cases
Drafting and filing of every expungement petitions thereafter (only if applicable to your case)
Drafting and filing of a written motion (only if applicable to your case)
- Written motions are required to void a conviction for drug possession, withdraw a guilty plea, segregate criminal records, etc.
Drafting and filing of every written motion thereafter (only if applicable to your case)
Attendance at hearing (only if applicable to your case)
- Court hearing before a Judge to argue motion and overcome any prosecutor objection
Additional services (only if applicable to your case)
- Extensive negotiations with prosecutor, appeal/motion to reconsider, etc.
Varies based on service
your petition is granted, can anyone ever have your
"A Prosecuting Attorney if authorized by a court order and needed to carry out the official duties of the Prosecuting Attorney, or the FBI or Department of Homeland Security if disclosure is required to comply with an agreement relating to the sharing of criminal history information."
Prosecuting Attorneys may petition to unseal the records and the court is required to grant the prosecutorís petition if the court finds that the records are relevant to the new prosecution of the person. If the prosecutor proves to the sentencing court that the records are relevant for a new prosecution, the court shall:
1. Order the records to be unsealed; and
2. Allow the Prosecuting Attorney who submitted the application to have access to the records.
Are there any EXCEPTIONS?
Again, unfortunately . . . yes. You can NOT get an expungement if you were:
1. An elected official convicted of an offense while serving the officialís term or as a candidate for public office.
2. A sex or violent offender (as defined in 11-8-8-5) http://www.in.gov/legislative/ic/code/title11/ar8/ch8.html
3. A person convicted of a felony that resulted in bodily injury to another persona. Rape
b. Criminal Deviate Conduct
c. Child Molesting
d. Child Exploitation
e. Vicarious Sexual Gratification
f. Performing Sexual Conduct in the Presence of a Minor
g. Child Solicitation
h. Child Seduction
i. Sexual Misconduct with a Minor (all classes excluded)
k. Sexual Battery
l. Kidnapping (if the victim is less than 18 and the convicted person is not the victimís parent or guardian)
m. Criminal Confinement (if the victim is less than 18 and the convicted person is not the victimís parent or guardian)
n. Possession of Child Pornography
o. Promoting Prostitution as a Class B Felony
p. Sexual Trafficking of a Minor
q. Human Trafficking
s. Voluntary Manslaughter
t. Sexual Misconduct by a Service Provider with a Detained Child
u. An attempt conviction of any of the above crimes
4. A person convicted of:
a. Perjury (35-44.1-2-1)
b. Official Misconduct (35-44.1-1-1)
c. Homicide Crimes in addition to those in 11-8-8-5 (35-42-1):
Causing Suicided. Human & Sexual Trafficking Crimes in addition to those in 11-8-8-5 (35-42-3.5)
1. Promotion of Human Trafficking
2. Promotion of Human Trafficking of a Minor
e. Sex Crimes in addition to those in 11-8-8-5 (35-42-4)
1. Sexual Battery
2. Unlawful Employment Near Children by a Sexual Predator
3. Sex Offender Residency Offense
4. Sex Offender Internet Offense (prior conviction)
Licensed in Indiana since July 5, 1984. I've been lead counsel in over 125 felony criminal trials. I've represented over a 1,200 individuals accused of over 2,000 felonies. I've been involved in two death penalty cases, both of which were resolved by saving my clients' lives. I was born in Gary, Indiana 54 years ago .. . and have lived in this little corner of the state my entire life.
Crown Point, Cedar Lake, East
Griffith, Hammond, Highland, Lowell, Schererville
Boone Grove, Chesterton,
Kouts, Malden, Portage, Valparaiso, Wheeler