Getting an expungement can be one of the greatest life-changing events for someone
with a criminal history. Why? Because it often takes an eraser to your criminal past –
allowing people to start anew and with a fresh perspective on life. We at Banks &
Brower, LLC, as experienced expungement attorneys, love helping people through this
process. It is incredibly rewarding to watch the positive effect an expungement can
have.
Sadly, the legislature has made carveouts for crimes that do not qualify. This blog is
meant as a quick reference point for those looking for crimes that are excluded from
expungement. Many are obvious, but some are not. Here is a list of crimes not eligible:
1. If you’ve received a prior expungement (unless prosecutor agrees)
2. Crimes resulting in serious bodily injury
3. Elected officials convicted of an offense while serving in office or as a candidate
for office
4. Sex Offenses:
a. Rape
b. Criminal Deviate Conduct
c. Child Molesting
d. Child Exploitation
e. Vicarious Sexual Gratification
f. Child Seduction
g. Sexual Misconduct with a Minor Levels A-C or 1-5
h. Incest
i. Sexual Battery
j. Kidnapping (of a minor and the kidnapper is not a parent)
k. Criminal Confinement (of someone under 18)
l. Possession of Child Pornography
m. Promoting Sex Trafficking
n. Human Trafficking
o. A person who has a sex offense and must register in another county
5. Murder
6. Voluntary Manslaughter
7. Felonies resulting in Death
8. Official Misconduct
9. A person convicted two or felony offenses that:
a. Involve unlawful use of a deadly weapon and
b. Were not part of the same criminal conduct
As anyone can see, this list is extensive. Should you or a loved one have a question as
to whether your criminal case is eligible for an expungement, give us a call 24/7/365.
We can be available by call at 317.870.0019 or email at [email protected].
