Since being enacted a few years ago, Indiana's expungement law has provided an opportunity for those with certain criminal convictions to be given a second chance. The expungement law was revised this year and those revisions took effect on July 1, 2015. A summary of the revisions follows:
Filing Fees: When filing for an expungement of a conviction, whether a misdemeanor or a felony, a filing fee (currently $156.00) will be assessed. A petition to expunge an arrest record will not require a filing fee.
Case Type: Prior to the current revision of the expungement law, procedures throughout the State of Indiana varied. There was no consistency from one county to another. Now, as of July 1, 2015, all expungment petitions will be be filed with a new "XP" designation.
Procedures after Expungement is granted:
If an expungement is granted relating to an arrest (or criminal charges which did not result in a conviction), all information regarding the arrest, criminal charges are to be removed from the "Alphabetically Arranged Criminal History Information System" which is maintained by the Indiana State Police and/or local law enforcement. This means that a background check should not show this information. Additionally, records of the arrest and the charging information at the trial court level should be redacted and sealed.
If an expungement is granted relating to Misdemeanor or Level 6/Class D Felony convictions all law enforcement agencies, (Indiana State Police and local law enforcement), the Indiana Bureau of Motor Vehicles (if applicable), the Indiana Department of Corrections (if applicable) and any agency that provided services, are prohibited from disclosing/releasing information about the conviction to non-law enforcment agencies. The trial court records for an expunged conviction (Misdemeanor or Class D/Level 6 Felony) must be sealed.
Higher Level Felony Convictions are treated a bit differently. These convictions will be remain a public record but shall be marked "EXPUNGED". Any records held by the Indiana State Police, the Indiana Bureau of Motor Vehicles or other law enforcment agencies must also be marked "EXPUNGED."