New law makes expungement of dismissed charges automatic

A recent change to Indiana’s expungement law eliminates the need for persons arrested or charged with a criminal offense to petition to have their records expunged where there has been no conviction. Public Law 14-2022, which went into effect July 1^st, amends IC 35-38-9-1 to provide for automatic expungement of “all records related to the criminal charges” 60 days after dismissal or acquittal. Automatic expungement applies to persons charged with an offense after June 30, 2022. There is no longer a one-year waiting period for expungement except where the prosecutor requests a delay for good cause. The law clarifies that arrests or criminal charges that are later reduced to an adjudication for an infraction are treated as not having resulted in a conviction.

The expungement statute also now requires immediate expungement of records relating to an arrest where no charges are pending 180 days after the arrest. The change applies to arrests made after June 30, 2022.

Dan McNamara is a litigation attorney in Fort Wayne, Indiana. His practice includes work with clients in all Indiana counties in having their criminal records sealed.