Expunging a Criminal Record

Your arrest for a criminal offense will be entered upon your criminal history together with all subsequent official action taken with respect to the arrest. The criminal record follows you and presents obstacles later in life to employment, housing, professional licensing, eligibility for certain benefits, serving in certain positions, and obtaining permits, etc.

The process for cleaning up criminal history is referred to as an expungement. In Indiana, by statute, the expungement of criminal records related to an arrest for an adult offense and for a juvenile offense is limited. Please consult with attorney, Frank Brinkman, for details. 

Restricting Access to a Criminal Record and Sealing of Criminal Records (Conviction, Arrest, or Otherwise)

While expungement is only available to persons whose charges have never materialized or meet very specific conditions, there are alternatives for criminal cases that don’t meet the expungement requirements. 

Indiana Statutes allow you to file a petition for the purpose of sealing of criminal records and to restrict access to criminal records (conviction, arrest, or otherwise). 

Indiana statutes list the requirements of a Petition to seal records or to eliminate access to records of a criminal charge and/or of a criminal conviction, and upon Court granting the expungement will allow you to legally state on your application for employment and/or certain other documents/applications that you have not been arrested or convicted of a felony or misdemeanor recorded in the restricted records. 

An Expungement Order is sent to the Indiana Department of Corrections, to the Indiana Bureau of Motor Vehicles, to each law enforcement agency, to the Indiana State Police, to the Prosecuting Attorney, to the Court’s Probation Officer, and to any other person and/or entity who incarcerated, provided treatment for, or provided services for you under Court Order. 

Indiana Statute has time limitations to file an Expungement Petition. All Expungement Petitions must be filed within an applicable time period and you may only file one Expungement Petition during your lifetime.

Indiana Statute outlines the requirements of a Petition but the granting of a Petition entitles you to legally state on an employment application and on certain documents that you have not been arrested or convicted of the criminal felony or criminal misdemeanor recorded in the restricted criminal records. 

If you need legal services concerning Expungement or Restricting of Criminal Records, please contact Attorney Frank Brinkman. 

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