The Indiana Expungement statutes are complex and carry lots of caveats. To simplify them, you can start with an assumption that all criminal cases can be expunged, then you start carving out lots of exceptions. This article does not discuss the various waiting periods and other requirement necessary to get a case expunged, but rather the simple question of whether or not a particular conviction is ever expungable. Below is a table of offenses that are not expungable, and the statutory citation to support that. If you do not see an offense listed on the table below, then it is expungable. As always, if you have any questions, do not hesitate to contact the Indianapolis expungement attorneys at Banks and Brower with any expungement questions.
| Offense | Statute |
| Rape | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(C) |
| Criminal Deviate Conduct | I.C. 35-38-9-4(b)(2) |
| Child Molesting | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(C) |
| Child Exploitation | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(C) |
| Vicarious Sexual Gratification | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(C) |
| Child Solicitation | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(C) |
| Child Seduction | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(C) |
| Sexual Misconduct with a Minor | I.C. 35-38-9-4(b)(2) and/or I.C. 35-38-9(b)(6)(C) |
| Incest | I.C. 35-38-9-4(b)(2) |
| Sexual Battery | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(C) |
| Kidnapping if the victim is less than 18 years of age, and the perpetrator is not a parent or guardian | I.C. 35-38-9-4(b)(2) |
| Criminal Confinement if the victim is less than 18 years of age, and the perpetrator is not a parent or guardian | I.C. 35-38-9-4(b)(2) |
| Possession of Child Pornography | I.C. 35-38-9-4(b)(2) |
| Promoting Prostitution as a Class B felony or a Level 4 Felony | I.C. 35-38-9-4(b)(2) |
| Promotion of human sexual trafficking | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(B) |
| Child sexual trafficking or Promotion of child sexual trafficking | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(B) |
| Human trafficking if the victim is under 18 years of age | I.C. 35-38-9-4(b)(2) |
| Murder | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(A) |
| Voluntary manslaughter | I.C. 35-38-9-4(b)(2) and I.C. 35-38-9(b)(6)(A) |
| Sexual misconduct by a service provider with a detained or supervised child | I.C. 35-38-9-4(b)(2) |
| Dealing in a controlled substance resulting in death | I.C. 35-38-9(b)(6)(A) |
| Causing suicide | I.C. 35-38-9(b)(6)(A) |
| Assisting suicide | I.C. 35-38-9(b)(6)(A) |
| Involuntary Manslaughter | I.C. 35-38-9(b)(6)(A) |
| Reckless homicide | I.C. 35-38-9(b)(6)(A) |
| Feticide | I.C. 35-38-9(b)(6)(A) |
| Promotion of human labor trafficking | I.C. 35-38-9(b)(6)(B) |
| Human trafficking | I.C. 35-38-9(b)(6)(B) |
| Unlawful employment by a sexual predator | I.C. 35-38-9(b)(6)(C) |
| Sex offender registry offense | I.C. 35-38-9(b)(6)(C) |
| Sex offender operation of an unmanned aerial vehicle | I.C. 35-38-9(b)(6)(C) |
| A felony that resulted in the death of another person | I.C. 35-38-9-4(b)(4) |
| A felony that resulted in serious bodily injury to another person to another person | **This is expungable under I.C. 35-38-9-5 with prosecutor agreement |
| A person convicted of two or more felony offenses that involved the unlawful use of a deadly weapon and were not committed as part of the same episode of criminal conduct is not eligible for expungement | I.C. 35-38-9-4(b)(7) |
| Any offense committed by an elected official while serving the official’s term or as a candidate for public office. | *** This is expungable under I.C. 35-38-9-5 with prosecutor agreement |