Expungements

In Indiana, any criminal charges that did not result in a conviction are typically eligible for an expungement one (1) year after the case was adjudicated. Misdemeanor convictions are typically eligible for expungement five (5) years after the case was adjudicated. Level 5 and 6 or Class D felonies are typically eligible for expungement eight (8) years after the case was adjudicated. With regard to more serious felonies, these are discretionary, even if all requirements are met, a court may or may not grant an expungement request involving a serious felony. In order to petition for expungement, a separate petition must be filed in each county where the petitioner wishes to have the charges or convictions expunged.

The following offenses are typically not eligible for expungement in Indiana:

• Convictions including murder and manslaughter, both voluntary and involuntary

• Convictions involving sex crimes or violent offender status as defined in I.C. 11-8-8-5

• Convictions involving official misconduct defined in I.C. 35-44.1-1-1

• Convictions involving any person who has been previously convicted of two or more felonies involving unlawful use of a deadly weapon

Typically, having your criminal record expunged in Indiana will likely restore your right to possess a firearm. However, If you have been convicted of a felony, misdemeanor domestic battery, or have an active protective order against you then you are considered a “prohibited person” under Indiana law. However, if your expungement petition is granted by a Court in Indiana, you will be deemed a “proper person” under I.C. 35-47-1-7(2) unless the conviction involves domestic violence. Once you are deemed a proper person, your civil rights, including the right to vote (in states other than Indiana, the state of Indiana does not disenfranchise voting), hold public office, and serve on a jury are restored. If you have questions about restoring your civil rights, including the right to possess a firearm, please contact us.

The Law Office of Kirk Freeman does also have experience with pardons issued by the Governor of Indiana.

Under article V, § 17 of the Indiana Constitution (Indiana Constitution – Section 5 Executive) the Indiana governor may grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment. The statutory process is set forth in Indiana Code 11-9-2-1, et seq. (Indiana Title 11)

The pardon process involves a pardon application to the Indiana Parole Board initiate. The Parole Board then investigates the case and notifies the victim or next of kin, the Prosecuting Attorney of the county where the conviction is, and then sets the application for a hearing (which is video recorded) where the applicant and any victims may testify.

After said hearing the Governor of the State of Indiana then makes his or her decision to issue the pardon.

***Be advised that the pardon process, an administrative endeavor, can be time-consuming and lengthy***