In Indiana, it is possible to get certain criminal records expunged if they meet specific criteria. However, this does not necessarily mean the records will be deleted or destroyed. Expungement generally involves sealing or restricting access to the records, but they may still be accessible under certain circumstances.
However, not all records are eligible for expungement, including those for certain serious criminal offenses. These may include the following.
Offenses resulting in death
Any felony conviction that leads to the death of another person is not eligible for expungement. Serious crimes like manslaughter and homicide leave a lasting impact on society, and Indiana law makes sure these records remain accessible, reflecting the severity of the offense.
Crimes involving sex or violence
Sexual and violent crimes, including offenses such as rape, child molestation and murder, cannot be expunged. These offenses are considered too dangerous to public safety, and Indiana law prohibits sealing such convictions, keeping the records available for future reference.
Official misconduct and public corruption
Crimes related to official misconduct or corruption, especially involving public office, are not eligible for expungement. Public trust is vital, and when violated, these convictions remain on record to help ensure transparency and accountability in governance.
Human and sexual trafficking
Crimes involving human or sexual trafficking are barred from expungement due to the severe harm caused to victims. Indiana law maintains access to these records, considering the moral and social implications of such offenses, which often involve the exploitation and manipulation of vulnerable individuals.
Multiple felony offenses involving deadly weapons
Persons convicted of multiple felony offenses that involve the unlawful use of deadly weapons cannot have their records expunged. The repeated use of weapons in separate incidents is treated as a serious threat to public safety, making these convictions permanent.
However, other crimes may be expungeable, and it is important to secure legal guidance to better understand whether your specific case qualifies for expungement under Indiana law.