How Do I Get an Early Expungement?  

1. Victim Restitution Paid in Full (if Ordered)

If the court has ordered you to pay restitution to a victim, this must be paid in full before you can be eligible for early expungement. Restitution is a form of compensation paid to the victim for any losses or damages they suffered as a result of the crime. To prove that you have paid restitution, you may need to provide:

• Receipts or proof of payment.
• A statement from the court or the victim confirming that restitution has been paid.2.

2. Fines and Fees Paid in Full

All court-imposed fines and fees must be paid in full before you can apply for early expungement. This includes any monetary penalties resulting from your conviction. Proof of payment can include:

• Receipts or payment records.
• A statement from the court indicating that all fines and fees have been satisfied.

3. Classes Completed (if Ordered)

If the court has mandated that you attend and complete certain classes as part of your sentence (such as anger management, substance abuse, or educational programs), you must provide proof of successful completion. This may include:

• Certificates of completion.
• Statements or letters from the program or class provider.
• Attendance records.

4. Community Service Work Done (if Ordered)

If you were ordered to complete a certain number of community service hours, you must provide evidence that you have fulfilled this requirement. Proof of completion can include:

• A letter or statement from the organization where you completed your community service.
• Documentation showing the number of hours completed and the nature of the work performed.

5. Proof of All the Above

To support your application for early expungement, you will need to gather and organize all relevant documentation showing that you have met these requirements. This includes any receipts, certificates, statements, or letters mentioned above.

6. No New Convictions

It is best to have no new criminal convictions before applying for early expungement. Proof can include:

• A criminal background check showing no new convictions.
• Court records indicating no new criminal cases.

7. No Pending Criminal Cases

You should not have any pending criminal cases at the time of applying for early expungement. This means that you should not have any ongoing legal proceedings related to new or existing criminal charges. Proof can include:

• A statement from the court indicating no pending cases.
• A criminal background check showing no pending charges.

8. No Warrants

You must not have any outstanding criminal warrants for your arrest. This includes warrants for any new or unresolved charges. Proof can include:

• A criminal background check showing no active warrants.
• A statement from law enforcement or the court indicating no outstanding warrants.

9. Prosecutorial Consent in Writing

A critical aspect of early expungement in Indiana is the requirement of prosecutorial consent. This means the prosecuting attorney who handled your original case must agree to the early expungement. This can be a significant hurdle, as prosecutors have discretion in granting or denying consent. Factors they may consider include the nature of the offense, your subsequent behavior, and the interests of public safety. Building a strong case demonstrating rehabilitation and low risk to the community is essential for obtaining prosecutorial consent. You need to obtain written consent from the prosecutor to request early expungement. This consent indicates that the prosecutor agrees with your request for early expungement based on your demonstrated rehabilitation and fulfillment of legal requirements. A written statement or letter from the prosecutor’s office granting consent is sufficient.

Frequently Asked Questions about Indiana Early Expungement

Question: Should I file for expungement while I am still on probation?

Answer: No. You should not file while on probation.

Question: What if I have more than one conviction?

Answer: The prosecutor in each county where you are seeking early expungement must consent to early expungement.

Question:Do I have to file petitions one at a time?

Answer: All requests for early expungement should be made at the same time, as expungement can generally only be done once per lifetime.

Question: Will the conviction still show up when an employer does a background check on me?

Answer: Most private (non-government entities) will not be able to see the conviction. 

Question: I think I got convicted in another county or state. What do I do?

Answer: You will need to contact the jurisdiction where you were convicted.

Question: I don’t have much money. Can I request early expungement anyway?

Answer: Yes, there is no fee to request prosecutorial consent for early expungement if you are representing yourself.

Question: Do I need to contact Probation?

Answer: Having proof of having paid your probation fees may be helpful.

Question: Will a Public Defender represent me?

Answer: No. There is right to free counsel in expungement cases.  You can hire an attorney, represent yourself, or look for low income options.

Question: Do I need a lawyer for early expungement?

Answer: No, you are legally allowed to represent yourself and no one can force you to hire an attorney.  Hiring an attorney is a good idea, but you are not required to. Navigating the early expungement process, especially securing prosecutorial consent, requires expertise and a thorough understanding of Indiana law. Consulting with an experienced Indiana expungement attorney is highly recommended. They can assess your eligibility, guide you through the application process, and advocate for you in obtaining prosecutorial consent, significantly increasing your chances of success. However, no one will force you to do this.

Question: I was ordered to do community service work, but I can’t find proof I did it. What will happen?

Answer: Try to get a copy of your completion records from your community service provider; in the absence of proof, Probation will have to recommend denying your petition. The judge may wish to discuss the matter with you.

Question: What if the prosecutor does not consent to early expungement?

Answer: You can still apply for regular expungement once the timeline has passed.  Asking the prosecutor if you can pursue early expungement does not count as filing a petition for expungement. 

What is Early Expungement?

Early expungement refers to the process of sealing or expunging your criminal record before the standard waiting period has elapsed. This can be particularly beneficial for those who have demonstrated significant rehabilitation and wish to remove the barriers that a criminal record can create.

Question:  

Answer: What are the benefits of Early Expungement?

• Improved Employment Opportunities: Many employers conduct background checks, and a criminal record can be a significant obstacle. Early expungement can help you present a clean slate to potential employers.
• Housing and Education: A criminal record can also affect your ability to secure housing and educational opportunities. Expunging your record can open doors that were previously closed.
• Personal Peace of Mind: Clearing your record can provide a sense of closure and allow you to move forward without the constant reminder of past mistakes.
• Access to Education: Some educational institutions may deny admission to applicants with criminal records. Expungement can help you pursue your educational goals.

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