On July 1, 2013, the sealing and expungement law went into effect which permits the expungement and sealing of:
More detailed information on these provisions and how to file a petition under this law in Marion County is available on the Marion County Clerk's website. These provisions only apply to arrests and convictions which occurred in the state of Indiana.
The Prosecutor does not have the ability to seal an arrest or conviction record, expunge a criminal record, or modify a sentence. Only a Court has the ability to order those events.
Under the provisions of this statute, the Prosecutor is required to be served with copies of these petitions.
The Prosecutor is required to:
Marion County Prosecutor251 East Ohio Street, Suite 160Indianapolis, IN 46204Attn: Expungement Committee
Filing a Petition
Petitions must be filed in compliance with the provisions of statute in the jurisdiction (county) in which the arrest and/or conviction was entered.
Requests for Early Filing
To be considered to receive consent for permission to file for early expungement, the Prosecutor's Office must receive the following information with the request:
Once this information is received, it will be reviewed by our Expungement Panel and a notification of the position of our office will be returned to the requesting party.
The Prosecutor’s office cannot provide any legal advice on how to file a petition. However, the following is a list of resources that may provide useful information.
Filing Of Petitions: For information on filing procedures and filing fees in Marion County, contact the Marion County Clerk’s Officehttp://www.indy.gov/eGov/County/Clerk/criminal/Pages/Second-Chance-Law.aspx(317) 327- 4740
Statute: IC 35-38-9-1 through 12 (HTML) (PDF)
Forms: The State Court Administrator’s Office has posted on its website information and forms related to the Expungement Law.http://www.in.gov/judiciary/2706.htm
Attorney Referral: (NOTE: There may be other organizations that will provide free or lower cost legal services. This is not intended to be a complete list.)
The Indianapolis Bar Association Lawyer referral servicehttp://www.indybar.org/community/lawyer-referral-service(317) 269-2222
Indiana Legal Services, Inc.http://indianalegalservices.org(317) 631-9410
Neighborhood Christian Legal Clinichttp://www.nclegalclinic.org(317) 429-4131
The above is provided for informational purposes only and should not be considered legal advice.