Indiana has one of the most favorable expungement laws in the United States. As an example, a felon with an expungement in Indiana also has the ability to have their gun rights restored under Indiana law. That added with the benefits of increased housing and employment opportunities, getting your criminal record expunged is a great idea. But not every crime in Indiana is eligible for an expungement in Indiana. So, what offenses are not eligible for expungement in Indiana? Before we begin, if you are interested in getting your criminal record cleaned up and would like to speak to an Indianapolis expungement lawyer, give us a call at 317-721-9858.
What is an Expungement?
A criminal record expungement is the process of destroying, erasing, or sealing arrest or conviction records. Under the Indiana Second Chance Law 2020, both adults and juveniles have the ability to “expunge,” “seal,” or otherwise hide or destroy court records of certain types of convictions. One of the benefits of having your criminal record expunged is that the arrest or the subsequent conviction or plea is not required to be legally disclosed. The advantage of this, is that the criminal expungement opens up opportunities to places where a prior criminal record would have prevented those opportunities from occurring,
What Types of Crimes Cannot be Expunged?
The ability to have your criminal record sealed does not mean that ANY record of ANY crime committed in the past has the ability to be sealed. There are certain crimes that are not eligible for expungement. The types of criminal offenses that are not eligible for expungement in Indiana include:
- Sex offenders
- Violent offenders
- Persons convicted of official misconduct
- Human and sexual trafficking offenses
- Indecent crimes involving a child
Generally, if a crime involved causing another individual bodily harm, then it is an offense that is not eligible for expungement in Indiana.
Is Your Criminal Offense Not Eligible for Expungement in Indiana?