Can Expunged Records Be Used Against You in Indiana?

Criminal Defense
Written By Nathan Vining

Introduction: Does Expungement Completely Erase Your Record?

Expungement allows people with criminal records to clear or seal their past convictions, giving them a second chance. But many wonder, "Can an expunged record still be used against me?"

While expungement removes records from public view, there are some exceptions where the information may still appear in certain legal, employment, or government situations.

This guide will explain:
✔ What expungement does and does not do
✔ When expunged records can still be accessed
✔ How to protect yourself if an expunged record is used against you

📞 Need help expunging your record? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.

What Does Expungement Do in Indiana?

Expungement removes or seals a criminal record from public access, including:

✅ Employers and landlords cannot see expunged records in background checks.
✅ Your record will not show up in most standard criminal history searches.
✅ You are legally allowed to say you have not been convicted (with some exceptions).

For full details, read Indiana’s expungement law: Indiana Code 35-38-9.

➡ Related Read: Learn who qualifies for expungement in Indiana.

Can Expunged Records Still Be Accessed?

While an expunged record is not publicly visible, it does not disappear completely. Certain entities may still access or use expunged records in specific situations, including:

1. Law Enforcement & Criminal Justice Agencies

Police, prosecutors, and judges can still see expunged records if you are later charged with a crime.
🔍 Expunged convictions may still count as prior offenses in repeat-offender sentencing.

2. Certain Government and Licensing Agencies

Government agencies handling professional licenses (law, medicine, childcare, etc.) may still consider expunged records.
📌 Example: A person applying to be a lawyer or doctor may still have their expunged record reviewed.

3. Immigration & Federal Background Checks

Expungement does not erase records from federal databases (FBI, immigration, etc.).
✈ Immigration courts and federal jobs may still see expunged records in some cases.

📌 Example: Expunged convictions may still impact visa approvals or immigration applications.

4. Firearm Rights & Background Checks

Expungement does not automatically restore firearm rights if the conviction originally revoked them.
✅ You may need to file a separate petition to restore gun rights.

📌 TIP: If you want to restore your Second Amendment rights, consult an attorney to see if you qualify.

➡ Related Read: Learn how expungement affects gun rights.

Can an Expunged Record Be Used Against You in Court?

Criminal Cases

If you are charged with a new crime, an expunged record may be used against you for sentencing purposes.

✔ Repeat offenses may lead to harsher penalties, even if your prior convictions were expunged.

Civil Cases (Divorce, Custody, etc.)

Expunged records generally cannot be used in family court but may still be referenced if they relate to child custody or domestic violence cases.

📌 Example: A history of domestic violence (even if expunged) may still be brought up in a custody battle.

Conclusion: How to Protect Yourself After Expungement

Expungement offers a second chance, but it does not erase records from all government systems. To protect yourself:

✔ Understand when expunged records can still be accessed.
✔ Know your rights if an expunged record is used against you illegally.

📞 Looking to expunge your record? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

 

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