Expunging felonies with serious bodily injuries and elected officials

by | Jun 12, 2017

Expungement of a Felony Which Resulted in:

Serious Bodily Injury to Another Person

While Serving as an Elected Official

Candidate for Public Office

“Can I expunge a felony which resulted in someone being injured?” the answer is yes, it is possible.

The Indiana Legislature makes people who want to expunge a felony which resulted in serious bodily injury wait ten years or five years from the completion of the person’s sentence (whichever is later) unless the local prosecutor is willing to agree in writing to a shorter time period. The same is true of offenses committed while serving as an elected official or as a candidate for public office.

Once we determine if you have met the other requirements of the law we will still have to convince a judge that you should be allowed to expunge your criminal record.

As of February 2017 if you are one of the following you do not qualify for an expungement (the law is always changing):

  1. Sex or violent offender (as defined in IC* 11-8-8-5)
  2. Person convicted of official misconduct (IC 35-44.1-1-1)
  3. Person convicted of an offense described in:
    • Killed another human being IC 35-42-1
    • Engaged in Human trafficking IC 35-42-3.5
    • Molested a child IC 35-42-4
  4. A person convicted of two (2) or more felony offenses which:
    • Involved the unlawful use of a deadly weapon; and
    • Were not committed as part of the same episode of criminal conduct
  5. A public servant who knowingly or intentionally:
    • Commits an offense in the performance of the public servant’s official duties
    • Solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment
    • Acquires or divests himself or herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant’s office which official action has not been made public is contemplated
    • Fails to deliver public records and property in the public servant’s custody to the public servant’s successor in office when the successor qualifies
    • Commits official misconduct, a Level 6 felony

*IC stands for Indiana Code.**

Expungement of a Felony Which Resulted in:

Serious Bodily Injury to Another Person

While Serving as an Elected Official

Candidate for Public Office

“Can I expunge a felony which resulted in someone being injured?” the answer is yes, it is possible.

The Indiana Legislature makes people who want to expunge a felony which resulted in serious bodily injury wait ten years or five years from the completion of the person’s sentence (whichever is later) unless the local prosecutor is willing to agree in writing to a shorter time period. The same is true of offenses committed while serving as an elected official or as a candidate for public office.

Once we determine if you have met the other requirements of the law we will still have to convince a judge that you should be allowed to expunge your criminal record.

As of February 2017 if you are one of the following you do not qualify for an expungement (the law is always changing):

  1. Sex or violent offender (as defined in IC* 11-8-8-5)
  2. Person convicted of official misconduct (IC 35-44.1-1-1)
  3. Person convicted of an offense described in:
    • Killed another human being IC 35-42-1
    • Engaged in Human trafficking IC 35-42-3.5
    • Molested a child IC 35-42-4
  4. A person convicted of two (2) or more felony offenses which:
    • Involved the unlawful use of a deadly weapon; and
    • Were not committed as part of the same episode of criminal conduct
  5. A public servant who knowingly or intentionally:
    • Commits an offense in the performance of the public servant’s official duties
    • Solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment
    • Acquires or divests himself or herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant’s office which official action has not been made public is contemplated
    • Fails to deliver public records and property in the public servant’s custody to the public servant’s successor in office when the successor qualifies
    • Commits official misconduct, a Level 6 felony

*IC stands for Indiana Code.**