Understanding the Criminal Justice System
The arrest, the booking photo, the fingerprints. Even though the charges were eventually dropped or you were found not guilty, those moments still follow you every time you fill out a job application. The question stares back at you from the page: “Have you ever been arrested?” Your stomach drops because you know that arrest record is still out there, telling only part of your story.
If this sounds familiar, you’re not alone. Thousands of Indiana residents carry the burden of arrest records for charges that never resulted in convictions. The good news? Indiana law provides several pathways to seal these records and give you a fresh start.
In Indiana, when we talk about sealing criminal records, we’re actually referring to the expungement process under Indiana Code 35-38-9. Unlike some states where records are physically destroyed, Indiana’s expungement system seals arrest and conviction records rather than destroying them. When your arrest record is expunged in Indiana, the records become permanently sealed and are excluded from public access.
Think of it like putting your records in a locked vault. They still exist, but only certain authorized individuals can access them under specific circumstances. For most practical purposes, it’s as if the arrest never happened.
Indiana law is particularly generous when it comes to sealing arrest records that didn’t result in convictions. Under Indiana Code 35-38-9-1, you may be eligible if your arrest meets certain criteria.
Indiana law provides for automatic expungement of certain arrest records without requiring you to file paperwork. If you are charged with an offense after the law took effect and the court later dismisses all charges or you are acquitted, the court is required to immediately order all records related to the criminal charges expunged.
However, there’s an important detail: automatic expungement applies 60 days after dismissal or acquittal, not immediately. This 60-day delay gives prosecutors time to file an appeal if they choose to do so.
This automatic process applies when:
If your case does not qualify for automatic expungement, you may still be able to petition the court to seal your arrest records. In Indiana, you can generally request expungement if at least one year has passed since your arrest and no charges are pending against you.
The requirements are straightforward:
Many people don’t realize their situations qualify for record sealing. Here are some common scenarios where you may be eligible:
Getting your arrest records sealed involves several steps, but it’s more straightforward than many people expect.
You must file your petition in the court where charges were filed, or if no criminal charges were filed, in a court in the county where the arrest occurred. The petition gets assigned a new “XP” case number, which helps distinguish it from your original criminal case.
Your petition must include specific information to help the court identify all relevant records. According to Indiana Code 35-38-9-1, you need to provide:
Unlike many court proceedings, there’s no filing fee required for petitions to expunge arrest records. This removes a potential financial barrier for people seeking to clear their records.
The court must serve a copy of your petition on the prosecuting attorney. This gives the prosecutor an opportunity to review your case and object if they believe expungement isn’t appropriate. Note that for Category 1 expungements, the court serves notice on the prosecutor, unlike other expungement categories where the petitioner must serve notice.
For Category 1 expungements (arrests without convictions), the court will grant your petition unless you haven’t met the legal requirements or if criminal charges are pending against you. The court doesn’t have discretion to deny your petition if you meet all the statutory requirements.
If the prosecuting attorney doesn’t object, the court may grant the petition without a hearing. If the prosecutor does object, the court must set the matter for hearing no sooner than 60 days after service of the petition.
Sealing your arrest records provides numerous practical benefits that can significantly impact your life.
One of the biggest advantages of expungement is in employment. It becomes unlawful for any person to refuse to employ you because of an arrest record that has been expunged or sealed. In job applications, you can honestly answer “no” when asked about previous criminal records if your arrest has been expunged.Â
Landlords often run background checks on prospective tenants. With sealed records, those arrests won’t appear on standard background checks, giving you a better chance at securing housing.
Many professional licenses require disclosure of criminal history. With sealed records, you typically won’t need to disclose the arrest, though some specific licensing boards may still have access to sealed records under certain circumstances.
Having your arrest record expunged doesn’t directly restore civil rights (since you weren’t convicted), but it removes the stigma and practical barriers that arrest records can create in exercising those rights effectively.
Perhaps most importantly, sealing your records provides peace of mind. You can move forward knowing that this chapter of your life is closed and won’t continue to follow you.
When your expungement is granted, the sealing is thorough. No information concerning the arrest may be placed or retained in any state central repository for criminal history information or in any other alphabetically arranged criminal history information system maintained by local, regional, or statewide law enforcement agencies.
Additionally, records of the sentencing court, any court that conducted a collateral action, juvenile court, the court of appeals, and the supreme court concerning you are redacted or permanently sealed. The Indiana Supreme Court and Court of Appeals may also redact your name from published opinions, though they’re not required to destroy existing copies.
While your records are sealed from public view, certain individuals retain limited access for specific purposes:
Law Enforcement Officers
Officers acting in their official capacity have full access to sealed records. This ensures that police can still access relevant information when investigating new crimes or conducting official business.
Prosecutors
May access sealed records when authorized by court order and needed to carry out their official duties. They can also petition to unseal records if relevant to a new prosecution of the person.
Defense Attorneys
Can access records with court authorization when needed for professional duties.
Federal Agencies
The FBI and Department of Homeland Security have access when required by information-sharing agreements.
Professional Licensing
The Indiana Supreme Court and Board of Law Examiners may access sealed records when determining whether an applicant has the moral character necessary for admission to the bar.
Other Limited Access
Schools (for employment or access decisions involving student contact), the Bureau of Motor Vehicles (for federal reporting requirements), and entities required to comply with the Secure and Fair Enforcement for Mortgage Licensing Act.
Indiana law provides additional protections if someone improperly uses your sealed arrest record. If you bring a legal action that might be defended with the contents of your expunged records, the defendant is presumed to have a complete defense to your action unless you can show that the contents of the expunged records would not exonerate the defendant.
If someone unlawfully discriminates against you based on your sealed arrest record, you can file a written motion of contempt with the court that authorized the expungement. Injunctive relief is also available. Unlawful use of sealed records is a Class C infraction.
Unlike expungements for convictions, there are no time limits or limits to the number of petitions you can file requesting expungement of arrest records. This means if you have multiple arrest records from different incidents that didn’t result in convictions, you can potentially seal all of them.
However, you must wait at least one year from the date of arrest, criminal charge, or juvenile delinquency allegation (whichever is later) before filing your petition, unless the prosecuting attorney agrees in writing to a shorter waiting period.
A denial of your expungement petition is an appealable final order, meaning you can challenge the decision in a higher court if you believe the judge made an error. However, denials are rare for Category 1 expungements when all statutory requirements are met, since courts must grant eligible petitions.
The court may summarily deny a petition if it doesn’t meet the statutory requirements or if the statements in the petition indicate you’re not entitled to relief.
Before you file for expungement, make sure you have no pending criminal charges anywhere in Indiana. Having pending charges will result in denial of your petition. Also, if you’re currently participating in a pretrial diversion program, you’ll need to either complete the program or get written consent from the prosecutor before filing.
Remember that the one-year waiting period runs from the date of arrest, criminal charge, or juvenile delinquency allegation, whichever is later, not from the date of dismissal or acquittal.
While it’s possible to file an expungement petition on your own, having an attorney can make the process smoother and increase your chances of success. An attorney can help ensure all paperwork is completed correctly, identify all records that should be sealed, and handle communications with the prosecutor’s office.
The expungement process also involves nuances that aren’t always obvious. For example, if you had multiple cases in different counties, you may need to file separate petitions in each county. An experienced criminal defense attorney can help coordinate these efforts and ensure nothing falls through the cracks.
How long does the expungement process take?
The timeline varies depending on court schedules and whether the prosecutor objects. If there’s no objection, the court may grant your petition without a hearing, which can happen within a few weeks. If there’s an objection, the court must schedule a hearing at least 60 days after the prosecutor receives notice.
Will my sealed records show up on background checks?
Once properly sealed, your arrest records should not appear on standard background checks used by employers, landlords, and other private parties. However, certain government agencies and law enforcement may still have access under specific circumstances.
Can I seal records for arrests that happened many years ago?
Yes, there’s no time limit on how old the arrest can be. As long as you meet the other requirements (no conviction, no pending charges, one-year waiting period has passed), you can petition to seal very old arrest records.
What if I was arrested in multiple counties?
You’ll need to file separate petitions in each county where you were arrested. The good news is that there are no limits on the number of arrest record expungement petitions you can file.
Do I need an attorney to file for expungement?
While not required, having an attorney can be beneficial. The paperwork must be precise, and an attorney can help ensure everything is filed correctly and handle any complications that arise during the process.
What happens if the prosecutor objects to my petition?
If the prosecutor objects, the court will schedule a hearing where both sides can present arguments. Even with an objection, you’ll likely prevail if you meet all statutory requirements, since courts must grant eligible petitions.
Can I truthfully say I was never arrested after my records are sealed?
Indiana law allows you to be treated as if the arrest never happened for most purposes. However, you should always be truthful if specifically asked about sealed records in certain contexts, such as applications for law enforcement positions or certain professional licenses.
Will sealing my arrest records affect any civil lawsuits related to the arrest?
Sealing your records doesn’t prevent civil lawsuits, but it does provide certain protections if you file a lawsuit that could be defended using information from your sealed records.
If you’re ready to put that arrest behind you and move forward with your life, don’t wait any longer. Every day you delay is another day that arrest record continues to impact your opportunities and peace of mind.
At Razumich & Associates, PLLC, we’ve helped countless Indianapolis-area residents successfully seal their arrest records and reclaim their futures. We handle the entire process from start to finish, ensuring your petition is filed correctly and advocating for your interests every step of the way.
Take the first step toward clearing your record today. Contact our experienced Indianapolis criminal defense team to schedule a free consultation and find out how we can help you get the fresh start you deserve. Your future is too important to let the mistakes of the past continue holding you back.
