Are There Crimes That Can’t Be Expunged Off My Record in Indiana?

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Simply put, yes!!! While most people have heard of Indiana’s Second Chance Law, which allows you to expunge convictions and arrests, sadly, a lot of people have no clue that there are quite a few exceptions to the rule. Below is a concise list of the crimes and/or scenarios that do NOT qualify for expungement.

  • General Preclusions:
    • If you have previously had your convictions in the past expunged, you are ineligible to do a future expungement of any subsequent convictions. You are always allowed to expunge cases/arrests that were criminally filed, but ultimately dismissed.
    • Crimes involving serious bodily injury (unless Section 5 applies)
    • Felonies that result in death
    • Elected officials convicted of an offense while in office or as a candidate for office (unless Section 5 applies)
    • People convicted of Official Misconduct
    • A person convicted of two or more felony offenses where the following applies:
      • Conviction involved the unlawful use of a firearm or deadly weapon
      • The convictions do not stem from the same “episode of criminal conduct” (i.e. part of the same case and events)
    • A person required to register as a sex or violent offender in any other jurisdiction
  • Specific Crimes:
    • Rape
    • Criminal Deviate Conduct
    • Child Molest
    • Child Exploitation
    • Vicarious Sexual Gratification
    • Child Seduction
    • Sexual Misconduct as a Minor (Felonies A, B, C or 1, 2, 4 or 5 only)
    • Sexual Misconduct of a detained and/or supervised child
    • Incest
    • Sexual Battery
    • Kidnapping if victim is under 18 and perpetrator is not parent/guardian
    • Criminal Confinement if victim is under 18
    • Possession of Child Pornography
    • Promoting Prostitution as a B or a 4
    • Promoting Sex Trafficking
    • Murder
    • Voluntary Manslaughter

If you or a loved one are looking at getting a record expunged, contact the experienced Expungement Attorneys at Banks & Brower, LLC, 24/7/365 by giving us a call at 317-870-0019 or shoot us an email at info@banksbrower.com. We have completed hundreds of expungements, and we stand ready to help you with yours.

Banks & Brower is an Indianapolis-based firm specializing in personal injury, family law, and criminal defense. With over 60 years of combined legal experience, we bring valuable knowledge and insights to every case.Our clients face challenges such as traumatic injuries, major felony charges, DUIs, and custody battles. We listen carefully to every client and craft personalized strategies to achieve the best possible outcomes. Banks & Brower is the law firm Indianapolis residents trust in times of need.

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