This page provides a basic explanation of how to file an expungement petition. This page assumes that the reader is a legal practitioner who has a basic understanding of Indiana statutes, the Indiana Rules of Civil Procedure, and basic court room practice. You should NOT use this page if you are a pro se individual who is attempting to do your own expungement. If you are an individual who does not have money to hire an attorney, there are clinics that can connect you with law students who can help you through the expungement process. You can only do expungement once per lifetime, so don’t waste it trying to do it on your own if you dont know what you are doing. Using the information on this website does NOT create an attorney client relationship with you. Trying to do an expungement is very similar to changing the transmission in a car: If you know what you are doing, it is very easy – but if you don’t – it is likely to cause a lot of damage and end in disaster.
Step 1 – Preparing the Indiana Expungement Petition Form
Indiana Expungement Form Caption
Indiana Expungement Form Title
Indiana Expungement Form Summons
Indiana Expungement Form Notice of Exclusion
Indiana Expungement Form Certificate of Service and Verification
Step 2 – Filing the Indiana Expungement Petition Form
Step 3 – The Indiana Expungement Court Hearing
Step 4 – Distribution of the Indiana Expungement Petition Form
It may also be helpful to review basic information about the Indiana Expungement Law, which can be viewed by clicking on the icon to the right. If you are a former student and you no longer have your course materials, the class materials are available on the Student tab of my website. Please be sure to check these materials against case law and statutory updates. If you are a potential client who is interested in hiring an attorney, call 317-695-7700 for a free consultation with an Indiana expungement attorney or email me at [email protected]. If you are emailing me, make sure to include your date of birth and spelling of your name as it appears on mycase.in.gov. I provide a MONEY BACK GUARANTEE on ALL expungements. For the majority of expungements, no court appearance or office visit is necessary and we offer affordable prices. It may also be helpful to review our pages on Frequently Asked Questions about the Indiana Expungement Law, the Comprehensive Overview of Expungement Law in Indianapolis, Indiana Expungement Law Tips and Tricks., and our page on Understanding Indiana’s Expungement Law, Indiana Second Chance Statute, and Indiana Expungement Cheat Sheets.
Step 1 – Preparing the Indiana Expungement Petition Form
Indiana Expungement Form Caption
The first part of the expungement petition is the caption. Please note that expungement petitions are civil in nature, and do not use the same style caption as a criminal matter. Rather, expungement petitions use an in re style caption. An example of an in re expungement petition caption is available below.
Indiana Expungement Form Title
The caption is typically followed by the title. This is somewhat simple and should indicate whether the petition seeks to expunge convictions or acquittals and what subsections the relief is sought under. Remember that not all subsections allow sealing so be sure not to request sealing if the statute does not allow it. An example of a title is provided below:
Indiana Expungement Form Summons
The summons is another easy part of the expungement. Each expungement petition filed in section 2 or higher requires a summons. Since service is a duty of the Court under section 1 expungements, a summons is arguably not required under section 1, but as a matter of best practice, it can not hurt to include a summons for section 1 expungements so I would recommend doing so. Remember that the summons must contain a clerk file stamp. The summons can be served by certified mail with signature requested. However, I prefer using sheriff service as it can be done easily through odyssey. Additionally, if an issue with service were to arise, the sheriff and prosecutor are both executive branch actors. A failure by one arm of the executive brac can generally not be used a sword by another member of the executive branch. Remember that service of the summons should be made on the elected prosecutor. An example of a standard summons can be viewed below:
Indiana Expungement Form Notice of Exclusion
Another easy part of preparing the petition is the 9(G) notice of exclusion. This is required by the Administrative rules since there will be filings that are public that are coupled with contemporaneously filed confidential versions of the same filings. A standard notice of exclusion that can be used for an Indiana Expungement can be viewed below:
Indiana Expungement Form Certificate of Service and Verification
Obviously, all filings should contain a certificate of service, showing that the prosecutor has been served through e-filing. Remember that Indiana Expungement law also requires that both petitions comply with Trial Rule 11. A certificate of service with verification is available below:
Step 2 – Filing
Upon completion of the petition, all filings should be done through odyssey at https://indiana.tylertech.cloud/OfsWeb/ You should add the elected prosecutor as a service contact as a matter of courtesy. However, remember that merely adding the prosecutor as a service contact is not a substitute for complying with Rule 4.1. I personally prefer using sheriff service, which is approximately $28. This is more convenient than certified mail and if there is an error, a judge is not likely to be amused by an executive branch Prosecutor arguing that an executive branch sheriff made an error.
Step 3 – The Court Hearing
Make sure your client is prepared for the hearing. Additionally, make sure that nothing has changed since the filing of the petition. Indiana Rules of Professional Conduct Rule 3.3 applies to expungement petitions. If something has changed since the filing of the petition (such as a new criminal case) it may be prudent to consider filing a motion to stay pending resolution of the new legal matter. Dismissing without prejudice is another option to consider, so long as all involved (including the Court) agree that the dismissal shall allow re-filing at a later date. Especially for section 3 and higher petitions, it is important to prepare the client and witnesses for possible cross examination.
Step 4 – Distribution
Some counties will engage in distribution for you, such as Monroe County, Indiana in Bloomington. However, never assume that the Court will distribute for you. Most distribution can now be done electronically, such as the Indiana State Police and the Indianapolis Metropolitan Police Department. However, some smaller law enforcement agencies still use traditional paper mail.
DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an Indiana Criminal Defense attorney or attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.