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The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
The law took effect July 1, but its complexity concerned many prosecutors and defense attorneys.
The variety of forms apply to multiple scenarios for people with criminal records who seek remedies under the civil processes available through House Enrolled Act 1482.
The law includes these general provisions for people with no subsequent convictions or criminal charges:
- People arrested but not convicted, or convicted but vacated on appeal, may petition the court to seal records no earlier than one year after the date of arrest.
- People convicted of a misdemeanor, or a Class D felony reduced to misdemeanor, may petition the court to expunge conviction records no earlier than five years after the conviction.
- People convicted of most non-violent felonies may petition the court to expunge conviction records no earlier than eight years after the conviction.
- People convicted of most other felonies may petition the court to expunge conviction records no earlier than 10 years after the conviction with the consent of the prosecuting attorney. The remedy is not available to sex offenders, violent offenders or those convicted of official misconduct or human and sexual trafficking.
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