Expungement or record sealing is the process of restricting access to the records of those charged with a drug offense. For drug cases, the eligibility to seal records may depend on the severity of the offense and the elapsed time since the arrest or conviction.
What makes a drug case eligible for expungement?
Under Indiana’s Second Chance Law, a drug case can be eligible for expungement if it meets the following conditions:
- Arrests without conviction: A one-year waiting period applies from the date of the arrest, criminal charge, or juvenile delinquency allegation, whichever is later.
- Misdemeanor drug possession: A five-year waiting period applies from the date of conviction. This requirement covers most misdemeanor convictions, not just drug-related charges.
- Class D or Level 6 felonies: An eight-year waiting period generally applies from the date of conviction, though this may be shortened with the prosecuting attorney’s written consent.
- Felonies: An eight-year waiting period applies from the date of conviction or a three-year waiting period from the completion of the sentence, whichever is later.
- Serious felonies: A ten-year waiting period generally applies from the date of conviction or a five-year waiting period from the completion of the sentence, unless the prosecuting attorney consents to a shorter period.
Generally, you must have no pending charges or new convictions during the waiting period. You need to pay all court-ordered fines and fees.
Felonies resulting in death are ineligible. However, felonies resulting in serious bodily injury may be expunged with the prosecuting attorney’s written consent.
Under the “Once-in-a-Lifetime” rule, you can only file a petition to expunge convictions once.
What is the main benefit of expungement?
Essentially, once you expunge your drug case, the law will treat you as if you had never been convicted of the offense.
Sealing your records could help prevent discrimination. If anyone discriminates against you based on an expunged record, they could commit an infraction. You can file a written motion of contempt against the discriminating party.
Note that expungement might not mean your records are completely gone. Law enforcement and other agencies may still have the ability to access them.
Everyone deserves a second chance
Having your records expunged allows you relief from the social stigma they cause. You can reclaim and rebuild your reputation, helping you live a normal life unburdened by old mistakes.
