New Indiana Law Makes Cases Eligible for Expungement
We have devoted several previous blogs to the subject of expungements, including how our firm’s work has helped clarify and expand expungement law in Indiana, where criminal histories are kept in Indiana, and how records can be sealed or expunged in Indiana. Now, effective July 1, 2019, new changes to Indiana’s expungement law have gone into effect.
Changes in Indiana Expungement Laws
Prior to the most recent legislative change, Indiana law has never allowed for the expungement of protective orders, forfeitures, or specialized driving privilege. However, now courts in Indiana will be able to grant expungements that seal the records of these types of matters.
Expungement of Protective Order Petitions
The new expungement of protective order laws allow the individual against whom a protective order was sought to have the protective order records expunged from public databases in some cases. Specifically, where a petition for a protective order was filed against a person, you may request to have the protective order petition and related records sealed if the case resolved in one of these ways:
- The court denied the petition for a protective order
- The person who requested the protective order failed to appear for the protective order hearing
- A protective order was issued but was later terminated because the court dismissed the protective order petition
- The appellate court reversed an order of protection
Expungement of Civil Forfeiture Records
The 2019 expungement law also allows sealing of records regarding civil forfeiture proceedings. The State may file civil forfeiture proceedings to seize property believed to be the proceeds or product of criminal activity or commingled with such assets whether or not the owner was charged with or convicted of a crime. Where a criminal conviction is reversed on appeal, the defendant may seek expungement of the conviction and the related civil forfeiture proceedings. Even if criminal charges were dismissed, the Indiana expungement law now allows anyone the subject of a civil forfeiture to seek expungement of those records.
Expungement of Specialized Driving Privilege Records
Finally, the laws on expungement in Indiana also now allow sealing of records regarding specialized driving privileges. For example, where an individual sought specialized driving privileges after a criminal conviction resulted in suspension of driving privileges, that individual can now seek to expunge both the criminal conviction and the records associated with those specialized driving privileges.
Cases That Are Not Eligible for Expungement
However, while the new expungement law has granted several new types of matters than can be expunged, it has also excluded several types of cases. Currently, individuals convicted of a felony involving death, individuals with two unrelated felony convictions involving the unlawful use of a deadly weapon, or individuals with a conviction under Indiana Code 11-8-8-5 may not be eligible for expungement. It’s important to remember that every situation can be different, and the expungement attorneys at Keffer Hirschauer LLP can help you determine if you or a loved one are eligible for an expungement. If you or a loved one are in need of an expungement, contact the Indiana expungement attorneys at Keffer Hirschauer LLP today. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individual histories. Act now and contact us today at (317) 857-0160.