Courts are authorized upon petition to vacate specified Class D felony convictions and pardoned convictions, dismiss the charges, and expunge the record five years after completion of sentence, with no intervening convictions and no charges pending. There is a filing fee of $50 and an “expungement fee” of $250 that must be paid in full before expungement will be ordered. Expungement of a single misdemeanor conviction (or series of misdemeanors arising from the same incident) is mandatory five years after completion of sentence if there are no intervening convictions or charges pending; expungement of multiple misdemeanors is discretionary. Expungement of non-violent convictions by victims of human trafficking is available 60 days after judgment.
Deferred adjudication (“pretrial diversion”) leading to expungement is available to a person charged with a Class D felony offense (or with court permission Class C felonies) who has had no prior felony convictions within a ten-year period. After March 2020, the court is required to automatically expunge non-conviction records upon disposition in cases of acquittal or dismissal with prejudice; for cases disposed of prior to that time, expungement is mandatory upon petition after 60 days without a hearing. In cases where felony charges have not been indicted after 60 days, expungement is also mandatory upon petition after notice to the district attorney. Dismissals without prejudice are eligible for expungement after a three-year waiting period for felonies, and a one-year period for misdemeanors. Expungement is available for juvenile offenses, excluding sex offenses and violent offenses, after a two-year waiting period; expungement of juvenile records not resulting in adjudication is automatic at time of disposition.
