A criminal charge can affect your life even if the court dismisses your case. Your arrest may still appear in background checks, which could raise questions when you apply for a job or housing.
Fortunately, Indiana law allows people to clear certain arrest and criminal charge records. In some cases, the court must even order expungement without a request.
When can you expunge dismissed charges?
Under Indiana law, people who avoid a criminal conviction may qualify to expunge their arrest and charge records. However, the process depends on when prosecutors filed the charges.
For criminal charges filed after June 30, 2022, courts must generally order expungement when they dismiss all charges. However, the order cannot take effect until at least 60 days after dismissal. A prosecutor may also ask the court to delay the process for up to one year.
For older cases, you may need to file a petition yourself. Generally, you must wait one year after your arrest or criminal charge, whichever occurred later. However, the prosecutor can agree in writing to an earlier filing. These rules also cover certain arrests that never led to formal charges.
How can you clear your arrest record?
If your case qualifies but the court has not ordered expungement, you can file a petition. The process generally involves these steps:
- Confirm that your case meets the legal requirements.
- Gather your arrest date, case number and charge details.
- File a verified petition in the county where prosecutors filed charges.
- If prosecutors never filed charges, submit your petition in the county where the arrest occurred.
- Wait for the court to review your request.
Once the court grants expungement, public access to the covered records ends. However, courts and law enforcement agencies can still access certain records for official purposes.
How can you protect your future?
A dismissed charge does not always mean your arrest record has disappeared. Therefore, checking your case status can help you determine whether you need to take further action.
An attorney can review your records and explain which expungement rules apply. Legal guidance may also help you address missing records or filing errors that could delay the process.
