Overview Description

Records relating to a conviction that was vacated on appeal can be expunged by the court one year after the conviction was vacated, so long as the petitioner is not participating in a pretrial diversion program. Ind. Code Ann. § 35-38-9-1(a), (b).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the circuit or superior court in the county where the criminal charges were filed. If no criminal charges were filed, the petition must be filed in the county where the arrest occurred and include the information specified in section 35-38-9-1(c). For the specific procedure, see Ind. Code Ann. § 35-38-9-1.

Fees

A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(c).

Effect

No information about the arrest or criminal charge can be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(f).

Forms

For information and forms regarding expungement in Indiana, visit here.

Waiting Periods

The petition can be filed one year after the conviction is vacated.

(non-prod server)