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Non-Expungement Offenses

General List of Crimes That Cannot Be Expunged in Indiana

Pursuant to I.C. 35-38-9-2(b), 35-38-9-3(b), I.C. 35-38-9-4(b) and I.C. 35-38-9-5(b), the statute excludes certain types of felonies from eligibility for expungement: An attempt or conviction of any of the below noted crimes:

  • Persons convicted of:
    • Two (2) or more felony offenses that
      • Involve the use of a deadly weapon and were not committed as part of the same episode of criminal conduct.
    • Homicide Crimes in addition to those in 11-8-8-5 (35-42-1)
      • Causing Suicide
      • Assisting Suicide
      • Involuntary Manslaughter
      • Reckless Homicide
      • Feticide
    • Human & Sexual Trafficking Crimes in addition to those in 11-8-8-5 (35-42-3.S)
      • Promotion of Human Trafficking
      • Promotion of Human Trafficking of a Minor
    • Official Misconduct (I.C. 35-44.1-1-1)
      • Perjury (35-44.1-2-1)
      • Official Misconduct (35-44.1-1-1
    • Sex Crimes in addition to those in 11-8-8-5 (35-42-4)
      • Sexual Battery
      • Unlawful Employment Near Children by a Sexual Predator
      • Sex Offender Residency Offense
      • Sex Offender Internet Offense (prior conviction)
    • Sex/Violent Offender as defined in I.C. ยง 11-8-8-5 (Megan’s Law Sex Offender Registry)
      • A sex or violent offender (as defined in 11-8-8-5)
      • Rape
      • Criminal Deviate Conduct
      • Child Molesting
      • Child Exploitation
      • Vicarious Sexual Gratification
      • Performing Sexual Conduct in the Presence of a Minor
      • Child Solicitation
      • Child Seduction
      • Sexual Misconduct with a Minor (all classes excluded)
      • Incest
      • Sexual Battery
      • Kidnapping (if the victim is less than 18 and the convicted person is not the victim’s parent or guardian)
      • Criminal Confinement (if the victim is less than 18 and the convicted person is not the victim’s parent or guardian)
      • Possession of Child Pornography
      • Promoting Prostitution as a Class B Felony
      • Sexual Trafficking of a Minor
      • Human Trafficking
      • Murder
      • Voluntary Manslaughter
      • Sexual Misconduct by a Service Provider with a Detained Child
      • An attempt conviction of any of the above crimes

Note: Since none of the above listed exclusions appear under I.C. 35-38-9-2 (expungement for misdemeanors), it appears that persons who fall into the above-listed categories are still eligible to pursue the expungement remedy with regard to misdemeanor offenses and D felony offenses that were either alternatively sentenced as or converted to a misdemeanor judgments

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