Simply put, yes!!! While most people have heard of Indiana’s Second Chance Law that allows you to expunge convictions and arrests in Indiana; 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.