How do you get a crinimal record expunged?

How long you have to wait to try?

Asked on July 22, 2010 under Criminal Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It really all depends on the facts of your case.  First, you have to qualify for expungement under the statute in Indiana.  Many states limit who can expunge a record and why they can expunge it.  Generally, if you are arrested and not charged you can petition to expunge and if you were acquitted of an offense that was charged. In Indiana they limit the scenario to the following:

  1. You were arrested but no criminal charges were ever filed against you; OR
  2. You were arrested and criminal charges were filed, but all criminal charges were dropped because of one of the following reasons:
    • mistaken identity,
    • no offense was actually committed, or
    • absence of probable cause.

If you qualify then you need to bring a petition for expungement before the Judge.  Judge's have great leeway in granting the petition.  You should seek legal help with this.  In the mean tme, I will give you a link here to read up on it.  Good luck.


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