Indiana bill would set rules for clearing criminal records

A court would clear eligible misdemeanor and Level 6 felony records, and could mark other eligible felony records as cleared. People with eligible misdemeanors, Level 6 felonies, or other eligible felonies could seek an order. Applicants must have no pending charges, must pay fines, fees, court costs, and restitution, and must have no new conviction during the waiting period. A prosecutor could agree in writing to an earlier filing. For petitions filed after June 30, 2026, the wait would end at the later of five years after finishing the sentence or five, eight, or ten years after conviction, depending on the offense.

The proposed conviction process would exclude people with listed serious offenses or a sex or violent offender registration requirement. The exclusions cover listed crimes, including homicide, trafficking, and sex crimes, plus anyone who has ever been required to register as a sex or violent offender. Other excluded offenses include certain deadly weapon crimes, fatal felonies, and official misconduct. The list also covers unlawful firearm possession by a serious violent felon and attempts or conspiracies to commit listed crimes. These rules would apply to petitions filed after June 30, 2026.

Courts would seal records for eligible misdemeanors and Level 6 felonies, and mark records for other eligible felonies. This would apply after a court grants a request to clear conviction records. Police acting on duty and schools considering people likely to meet students could still access certain sealed records.

Courts would order records cleared in listed juvenile cases, sometimes without a petition. This covers youths accused or arrested after June 30, 2022. An arrested youth could petition after one year if no allegations are pending. An order without a petition would follow dismissal of every allegation, a finding that none are true, or a year without a case decision or active prosecution. A youth in a pretrial diversion program would need the prosecutor's permission to petition. The petition rules would apply to filings after June 30, 2026. Orders following dismissal or rejection would take effect at least 60 days later; a prosecutor could seek a delay of up to one year. Orders based on lack of prosecution would take effect immediately.

A judge would order eligible arrest records cleared after receiving a qualifying petition. This covers people arrested in a criminal case after June 30, 2022 who have no pending charges. Filing would be free. A person in a pretrial diversion program would need the prosecutor's permission to petition. If the arrest led to a conviction, that conviction must have been cleared or overturned. Clearing an arrest record would not prevent prosecutors from filing charges later. The person could petition one year after the arrest under rules for petitions filed after June 30, 2026.