Defending Your Rights With Tenacious Representation

Is expungement automatic for juvenile offenses in Indiana?

Criminal records influence a person’s life for years after they complete their sentence. Many employers perform background checks, making a criminal record a hurdle for those seeking employment. Records can also affect rental housing options and even access to higher education.

Most adults are aware of the impact that a criminal record could have on them and choose to ignore that risk when they decide to break the law. Young adults may not yet understand how criminal records work or may completely fail to consider the long-term implications of their actions due to their still-developing brains.

A criminal record from a teenage mistake could cause major issues for a young adult who has learned their lesson or who has been impacted by a misunderstanding. Does Indiana offer automatic expungements to juvenile offenders?

Expungement is not automatic

Expungement is the process of removing prior offenses from a criminal record. In some states, records of criminal offenses are eligible for expungement automatically if a juvenile offender reaches a certain age and has no new convictions on their record. Automatic expungement is not an option in Indiana.

Juvenile offenders have to petition the courts for expungement just like anyone else with a criminal record. They can ask the courts to seal or even destroy the records of their prior offense.

Typically, juvenile defendants must wait at least a year to petition the courts for expungement. Judges consider the severity of the offense and documentation of the defendant improving their circumstances, such as proof of employment or college acceptance, when reviewing an expungement petition.

Young adults trying to move on with their lives and their parents may want to consult with an attorney to evaluate whether expungement is an option. Securing support can help juvenile offenders navigate the complicated expungement process and move on with their lives after a prior youthful mistake or misunderstanding.