Indiana law allows courts to expunge criminal records for those who are arrested but not charged with a crime, or for those who are acquitted after being charged, according to Lawyers.com. There are also provisions for sealing or expunging juvenile criminal records.
In Indiana and all other states, anyone can view most police and court records on those who have been arrested and prosecuted for a crime. When records are expunged, that information is no longer available to the public.
Obtain a copy of your criminal history from the Indiana State Police repository of criminal records, which maintains very limited information for public searches. Searches can be conducted at the Indiana State Police web site at http://www.in.gov/ai/appfiles/isp-lch/.
Visit the police department that arrested you in the past and the court that handled your case or would have handled your case before the charges were dropped. Ask for all documents containing your name. They will probably have much more information than the state repository, but it's important to make sure you are aware of all documents that are out there before you petition the court for expungement.
Submit an expungement petition to the court drafted by an attorney with experience in criminal record sealing and expungement who will most likely cite Indiana case law where someone's criminal record was expunged in similar circumstances. Copies of the petition will be sent to all of the involved agencies, which can respond with a notice of opposition as to why the records should not be expunged. The court can review if the state's provisions for expungement apply to your case and grant or deny your request immediately, or it can schedule a hearing to review more information.
- criminal image by Hunta from Fotolia.com