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
- Two (2) or more felony offenses that
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