Can You Expunge an Old Case If You Have a New Conviction in Indiana?
Understanding Indiana's Expungement Laws and New Convictions
If you're wondering whether you can expunge an old criminal case after receiving a new conviction in Indiana, you're not alone. This is one of the most common questions I receive from clients who are trying to move forward with their lives while dealing with past mistakes. The answer, unfortunately, isn't always straightforward and depends on several critical factors under Indiana law.
Indiana's expungement statute, found in Indiana Code 35-38-9, provides opportunities for individuals to seal their criminal records, but it also includes strict eligibility requirements that can be affected by subsequent convictions. Let me walk you through what you need to know about expunging old cases when you have a new conviction on your record.
What Does Indiana Law Say About New Convictions and Expungement?
Under Indiana Code 35-38-9-10, a person is generally prohibited from petitioning for expungement if they have been convicted of a crime within the past eight years (for misdemeanors) or ten years (for felonies) from the date they wish to file the expungement petition. This waiting period is calculated from the date of conviction, not the date of the offense.
However, the law contains important nuances that could affect your eligibility:
Traffic infractions and minor violations typically don't count as disqualifying convictions
Class D felonies (now Level 6 felonies) have different waiting periods than higher-level felonies
The type of conviction and the type of case you're trying to expunge both matter
Certain types of cases have different eligibility requirements entirely
The Eight-Year and Ten-Year Rules Explained
The waiting period depends on the level of the new conviction, not necessarily the old case you want to expunge:
Eight years for misdemeanors: If your new conviction was for a misdemeanor, you must wait eight years from that conviction date before petitioning to expunge older cases
Ten years for felonies: If your new conviction was for a felony, the waiting period extends to ten years
This means that even if you have a minor misdemeanor from 15 years ago that would otherwise be eligible for expungement, a recent conviction resets the clock on your eligibility.
Can You Ever Expunge Multiple Cases at Different Times?
One strategy that sometimes works is pursuing expungement for eligible older cases before resolving newer charges, but this requires careful timing and legal strategy. Once you have a conviction on a newer case, it may prevent you from expunging older cases for the statutory waiting period.
I've seen situations where clients could have expunged old cases but missed the opportunity because they didn't act quickly enough before a new conviction occurred. This is why it's crucial to contact an experienced expungement attorney as soon as you're considering cleaning up your record.
Exceptions and Special Circumstances
Indiana law does provide some exceptions to the general waiting period rules:
Arrest-only records: Cases that resulted in no charges or dismissals may still be eligible regardless of other convictions
Successful completion of specialty courts: Some drug court or veteran's court completions may not count as disqualifying convictions
Juvenile records: Different rules apply to juvenile cases and adult cases
What Types of New Convictions Affect Expungement Eligibility?
Not every type of conviction will necessarily disqualify you from expungement. Understanding which convictions "count" under Indiana law is essential:
Convictions That Typically Disqualify You
Misdemeanor convictions (Class A, B, or C)
All levels of felony convictions (Level 1-6, or former Classes A-D)
Convictions for crimes involving violence
Sex offense convictions
Official misconduct convictions
Convictions That May Not Disqualify You
Traffic infractions (not misdemeanors)
Ordinance violations in some circumstances
Certain specialty court completions
Convictions that were later overturned or vacated
The distinction between these categories isn't always clear-cut, which is why having an attorney review your specific situation is so important.
How Does the Type of Old Case Affect Your Options?
The type of case you're trying to expunge also matters significantly. Indiana law categorizes expungeable offenses into different sections, each with its own requirements:
Arrests Without Convictions (IC 35-38-9-1)
These are often the easiest to expunge and may not be affected by subsequent convictions, especially if:
No charges were ever filed
Charges were dismissed
You were acquitted at trial
Misdemeanor and Class D/Level 6 Felony Convictions (IC 35-38-9-6)
These cases have specific waiting periods and eligibility requirements that are directly affected by new convictions. You typically cannot expunge these if you've been convicted of another crime within the statutory waiting period.
Serious Felony Convictions (IC 35-38-9-7)
Higher-level felonies have the most restrictive requirements and are most likely to be permanently barred by subsequent convictions.
What Should You Do If You Have a New Conviction?
If you've recently been convicted of a crime and are wondering about your expungement options, here's what I recommend:
Act Quickly on Pending Cases
If you have pending charges that haven't resulted in conviction yet, you may still have time to pursue expungement of older eligible cases. However, this requires immediate action and careful legal strategy.
Understand Your Timeline
Calculate when you'll be eligible to petition for expungement based on your most recent conviction. Mark this date and start preparing your case well in advance.
Gather All Relevant Records
You'll need complete criminal history records from all jurisdictions where you've had cases. This includes:
Court records from all cases
Police reports and arrest records
Probation completion certificates
Evidence of restitution payments
Consider Alternative Relief
Even if expungement isn't immediately available, other forms of relief might be possible, such as:
Sealing certain records
Governor's pardons
Sentence modifications
Appeals of recent convictions
I recently helped a client who thought his options were exhausted after a recent misdemeanor conviction. By carefully analyzing his record, we discovered that several older cases were still eligible for expungement under different sections of the statute, and we developed a strategic timeline for addressing his entire criminal history over the coming years.
Why Professional Legal Help Is Essential
Indiana's expungement laws are complex and contain numerous exceptions, waiting periods, and procedural requirements. What seems like a straightforward question often involves multiple legal considerations:
Statutory interpretation: Understanding which laws apply to your specific situation
Strategic timing: Knowing when to file petitions for maximum benefit
Procedural compliance: Meeting all court requirements and deadlines
Record analysis: Identifying all expungeable cases and potential obstacles
Don't let a new conviction permanently derail your chances of cleaning up your record. Contact Vining Legal today to discuss your specific situation and develop a comprehensive strategy for addressing both your recent conviction and your expungement goals.
The Bottom Line: Hope Isn't Lost
While a new conviction does complicate your expungement options in Indiana, it doesn't necessarily eliminate them forever. The key is understanding the specific waiting periods that apply to your situation and developing a strategic plan for the future.
Some clients can still pursue expungement of certain types of cases even with recent convictions, while others need to wait out the statutory periods before becoming eligible again. The most important thing is to get accurate legal advice based on your complete criminal history rather than making assumptions about what's possible.
Every case is different, and Indiana's expungement laws contain nuances that can significantly impact your options. What matters most is taking action to understand your rights and develop a plan for moving forward.
Get the Help You Need Today
Don't navigate Indiana's complex expungement laws alone. As an experienced criminal defense attorney who has helped countless clients clean up their records, I understand both the challenges you're facing and the opportunities that may still be available to you.
Call or text Vining Legal now at (317) 759-3225 to schedule your consultation. I'll review your complete criminal history, explain your options clearly, and help you develop a strategic plan for achieving your expungement goals.
You can also reach out through our contact page to get started. Don't let past mistakes define your future – let's work together to explore every available option under Indiana law.
