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Expungement Cheat Sheet

Eligibility Requirements:

Section 1: IF Arrest: NO Conviction (Dismissal, No charges filed, Not guilty verdict)

  • Not earlier than ONE YEAR after DATE OF ARREST.
  • Petition to Seal or Expunge Records
  • No Filing Fee
  • SEALED/EXPUNGED with access only by criminal justice agency
  • Court Shall Grant if conditions are met

Section 2: IF Misdemeanor OR Misdemeanor Conviction on Class D Felony or Level 6 Felony

  • FIVE YEARS after date of CONVICTION
  • Petition to Expunge
  • Filing Fee Required as in Civil Action
  • NOT for someone convicted or two (2) or more felonies, if following two apply:
  • NO unlawful use of a deadly weapon, and;
  • Offenses NOT committed as part of same criminal episode
  • No convictions within previous five (5) years
  • Successfully paid off all fines, fees, costs, and restitution of the case
  • Court Shall Grant if conditions are met

Section 3: IF Class D or Level 6 Felony Conviction

  • Non Violent – Non Sex Offender
  • NO perjury or official misconduct
  • EIGHT YEARS after date of CONVICTION
  • NOT for someone convicted or two (2) or more felonies, if following two apply:
  • NO unlawful use of a deadly weapon, and;
  • Offenses NOT committed as part of same criminal episodes
  • Petition to Expunge
  • Filing Fee required as in Civil Action
  • No charges pending
  • No convictions within previous eight (8) years
  • Successfully paid off all fines, fees, costs, and restitution of the case
  • Court Shall Grant if conditions are met

Section 4: IF Convicted of Certain Felonies

  • Non Violent – Non Sex Offender
  • NON serious bodily injury as part of charge or case
  • NOT for someone convicted or two (2) or more felonies, if following two apply:
  • NO unlawful use of a deadly weapon
  • Offenses NOT committed as part of same criminal episodes
  • NO official misconduct conviction
  • EIGHT (8) YEARS after date of CONVICTION
  • Not earlier than eight (8) years from date of conviction or three (3) years from completion of sentence, whichever is later
  • Petition to Expunge
  • Filing Fee required as in Civil Action
  • No charges pending
  • Successfully paid off all fines, fees, costs, and restitution of the case
  • No Convictions within eight (8) years of date of filing for expungement
  • Court May Grant if Conditions are met

Section 5: IF Convicted of a Felony including Serious Bodily Injury Offenses

  • NON violent or Sex Offender
  • TEN (10) YEARS after date of SENTENCE or FIVE (5) from completion of sentence whichever is latest
  • NOT for someone convicted or two (2) or more felonies, if following two apply:
  • NO unlawful use of a deadly weapon
  • Offenses NOT committed as part of same criminal episodes
  • Petition to Expunge
  • Filing Fee required as in Civil Action
  • No charges pending
  • Successfully paid off all fines, fees, costs, and restitution of the case
  • No Convictions within previous ten (10) years of filing for the expungement
  • Prosecutor MUST CONSENT in writing to the expungement

Other Important Aspects to Getting Your Expungment Request Granted

● Valid Drivers License (not required but in the instances where the Court has discretion to grant your petition this may be a prerequisite for some Judges)

●Employment (not required but helpful to a Judge in discretionary expungements )

●Filing Fees may be required depending on the type of Expungment

●Prosecuting Attorney may always agree to earlier eligibility for any type of crime – mitigating factors would apply, such as employment, providing for children, remorse for offense(s), new employment opportunities

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