A felony conviction can affect nearly every part of your life—from applying for jobs and housing. In Indiana, the length of time a felony remains on your record depends on several factors, including the offense type and whether expungement has been pursued.
Understanding how long a felony stays on your record is crucial to reclaiming your future. At Banks & Brower, we help individuals navigate Indiana’s criminal defense system, including expungement, to restore their rights.
Call Us To Schedule A Free Consultation
call us: (317) 870-0019Felonies and Your Criminal Record: What You Need to Know
A felony conviction stays on your record indefinitely unless actions like expungement or sealing are taken. For example, writing a bad check can sometimes be charged as a felony in Indiana. While the conviction may remain, some background checks might not show older, non-violent felonies, especially if expunged or sealed.
Here’s a breakdown:
- Indefinite Presence: Without legal steps, a felony conviction remains permanently on your record. Employers and landlords can access it via background checks.
- Potential for Removal: Indiana law allows for expungement or sealing under certain conditions.
- Expungement: This removes the conviction from public view, though law enforcement may still access it.
- Sealing: Sealing limits access to most private entities, with exceptions for law enforcement and courts.
Can a Felony Be Removed from Your Record in Indiana?
Yes, but eligibility depends on the class of felony and your criminal history. According to IndianaLegalHelp.org, misdemeanors and most D/Level 6 felonies can be removed entirely from public record. Felonies classified as A, B, or C or level 1, 2, 3, 4 or 5 remain visible but are marked expunged, restoring rights and reducing discrimination.
Indiana’s Expungement Statutes Explained
Under Indiana Code §35-38-9-1, several circumstances allow for immediate or eventual expungement:
- Charges were dismissed, resulted in acquittal, or were later vacated
- A year has passed since juvenile charges were filed with no prosecution
- Arrests over a year old with no pending charges
The court must act within 60 days unless the prosecutor requests a justified delay of up to one year.
Offenses That Cannot Be Expunged
Some crimes are not eligible for expungement in Indiana, including:
- Homicide voluntary manslaughter or any case resulting in death
- Human trafficking
- Sex crimes involving minors
- Official misconduct
These offenses are considered too serious to be removed.
How Long Does a Felony Stay on Your Record Without Expungement?
Without expungement, a felony remains on your record permanently. It can affect job searches, housing applications, and educational opportunities.
State Felonies vs. Federal Felonies
Indiana state felonies follow state expungement rules. Federal felonies, however, do not have a formal expungement process and typically require a presidential pardon.
Misconceptions About “Automatic Removal”
Felonies do not disappear after a set number of years. Many mistakenly believe older convictions automatically vanish. This is false—only expungement or sealing can limit record access.
Call us to schedule a consultation.
How the Indiana Expungement Process Works
The expungement process in Indiana starts with submitting a petition to the appropriate court. You’ll need to gather your criminal history documents and satisfy all court fees and restitution. Some cases also require proof that you’ve taken steps toward rehabilitation. Once filed, the court might hold a hearing.
What Employers and Background Checks Still See After Expungement
Most private employers will not see expunged records on low levevel felony and misdemeanors , and you are legally allowed to state that you have not been convicted of a crim on all expungements. However, government agencies, law enforcement, and licensing boards may still access this information.
What Expungement Doesn’t Do
Expungement helps rebuild your reputation, but some legal consequences remain.
Gun Rights
Expungement doesn’t automatically restore firearm rights. A separate legal process may be necessary, often involving petitioning the court with proof of rehabilitation and legal eligibility.
Sex Offender Registry
Expungement doesn’t guarantee removal from the sex offender registry. Under Indiana law, a separate petition is required, and approval is not automatic or guaranteed by the expungement order.
Future Sentencing Enhancements
Expunged convictions can still influence future cases. If new charges arise, courts may consider them during sentencing, especially when determining habitual offender status or repeat behavior.
How a Criminal Defense Attorney Helps With Expungement
Indiana’s expungement laws can be complex, making it difficult to know where to start. A criminal defense attorney can determine your eligibility, prepare and file the necessary documents, and represent you in court if required. They’ll also explain how expungement may affect rights like voting and firearm ownership, giving you a clear picture of what to expect.
Contact Banks & Brower for Expungement Help in Indiana
Are you wondering, “how long does a felony stay on your record?” Taking legal action can make a real difference. At Banks & Brower, we help individuals in Indianapolis take back control of their future. Call us at (317) 870-0022 to find out if you qualify for expungement.
When I represent a client I not only look to get them the best possible outcome I can on their case, I also try to help them in all other aspects to make sure they are getting back on track in hopes that they don’t have to deal with the criminal justice system again. We insist that our attorneys provide excellent communication and I strive to be an example of that to the attorneys that work for me in my firm. I want all my clients to know I’m here for them and to feel comfortable that if they have an question or concern about their case it will be addressed.
ContactBrad Banks
