A criminal record has a way of sticking around longer than anyone wants. You make a mistake, you deal with the case, you do what the court requires, and years later it can still pop up when you apply for a job, volunteer at your child’s school, try to rent an apartment, or pursue a professional license.
That’s the whole point of expungement.
Indiana expungement can give people a second chance by limiting public access to old arrests and convictions. In some cases, an expunged record disappears from ordinary background checks altogether. In other cases, the record may still be visible, but it should be clearly marked as expunged.
Is that perfect? No. Is it still a big deal? Absolutely.
At the Marc Lopez Law Firm, we handle criminal defense cases every day, and we also help people clean up the damage old cases have left behind. Expungement can be life-changing. We’ve seen clients get jobs they thought were off-limits, attend school trips with their kids, volunteer with their grandkids, and stop living under the shadow of a case from years ago.
If you’re wondering whether an expunged record can still haunt your background check in Indiana, here’s what you need to know.
What Is Expungement in Indiana?
Expungement is a legal process that limits access to certain criminal records. It does not always mean the record is physically destroyed. In Indiana, what happens after expungement depends heavily on the type of case.
For many lower-level offenses, expungement works like a locked door. The record is no longer available through ordinary public searches. It should not show up on MyCase, Indiana’s online court record system. It should also be much harder for standard background check companies to find.
For more serious felonies, expungement works differently. The record may still exist in public-facing systems, but it should be marked as expunged. That matters because employers and background check companies are generally not supposed to treat an expunged conviction like an ordinary conviction.
The details matter. This is why hiring a criminal lawyer who understands Indiana expungement law can make such a big difference.
Do Expunged Misdemeanors Show Up on Background Checks?
In many ordinary background checks, an expunged misdemeanor should not show up.
For Indiana misdemeanors, expungement can remove the case from MyCase and prevent the State from continuing to sell that information to background check companies. Standard background checks should not have access to it.
In plain English: For most everyday purposes, the misdemeanor is gone from view.
That can be huge for someone applying for:
- A new job
- Housing
- Volunteer opportunities
- School-related activities
- Certain non-government positions
No one wants to spend the rest of their life explaining a misdemeanor from 10 years ago. Expungement can help you stop having that same awkward conversation over and over again.
Do Expunged Level 6 Felonies Show Up on Background Checks?
For Level 6 felonies, expungement can also be extremely powerful.
A Level 6 felony is the lowest felony level under Indiana’s current criminal code. When eligible Level 6 felony convictions are expunged, they are treated much like misdemeanors for ordinary background check purposes. They should no longer appear on MyCase, and standard background check companies should not have access to them through the usual channels.
That does not mean no one on earth can ever find the record. Criminal justice agencies may still be able to see expunged records in certain circumstances. But for normal employment background checks, housing checks, and similar searches, an expunged Level 6 felony should be very difficult to find.
This is why expungement can feel almost magical for people with older lower-level felony convictions. One day the record is a wall. After expungement, that wall may finally come down.
What About Old Class D Felonies?
Before Indiana changed its felony levels, what is now often called a Level 6 felony used to be known as a Class D felony.
For older cases, an expunged Class D felony can often receive similar treatment. In many cases, once expunged, it should no longer appear on ordinary background checks or on MyCase.
This can be especially important for people who have been carrying around a very old felony conviction from a different chapter of their life. If you are applying for jobs, trying to move forward professionally, or simply tired of explaining who you used to be, it may be time to speak with a criminal defense attorney about whether you qualify for expungement.
Do Expunged Level 5 Felonies and Higher Still Appear?
Here’s where the answer changes.
For Level 5 felonies and above, or older Class C felonies and above, expungement does not always make the record disappear from public view. These records may still appear on MyCase and may still be accessible to background check companies.
The difference is that the record should be marked as expunged.
That may not feel as satisfying as having the case vanish from sight, and we understand that. If your record still appears, it can still create stress. It can still raise questions. It can still make you feel like you’re being judged for something the law has already agreed to set aside.
But an expunged higher-level felony is still much better than an unexpunged one. Once the conviction is expunged, you may have the legal ability to say you have not been arrested or convicted in many ordinary situations. The expungement also tells employers and others that the law gives you certain protections.
Is it as clean as expunging a misdemeanor or Level 6 felony? No.
Is it still worth doing? In many cases, absolutely.
Who Can Still See an Expunged Record?
Even when an expunged record disappears from ordinary background checks, certain agencies may still be able to access it.
Expunged records may still appear in criminal justice background checks. This can matter if you are applying for work with:
- A police department
- A prosecutor’s office
- A federal agency
- Certain government positions
- Jobs involving law enforcement or criminal justice access
This is one of the most common points of confusion. Expungement can be incredibly helpful, but it does not always erase the record from every system in the universe.
If you are applying for a sensitive government job or a position involving public safety, you should speak with an attorney before assuming your expunged record will be invisible.
Can Employers Use an Expunged Record Against You?
Generally speaking, expungement is designed to stop old criminal records from being used against you in ordinary life.
For misdemeanors and Level 6 felonies, the issue may never come up because standard background checks should not show the expunged case. For higher-level felonies, the record may still appear, but it should say expunged. That matters because the law is trying to prevent people from being punished forever for an old conviction.
That said, real life is messy. Background check companies make mistakes. Employers misunderstand what they are looking at. Old databases do not always update as quickly as they should.
If an expunged record is still causing problems, do not assume there is nothing you can do. Call a criminal defense attorney who handles expungements and ask what can be done to fix it.
Why Expungement Can Be Life-Changing
Some criminal defense victories happen in court. Some happen years later, when a client finally gets a record expunged and can move forward.
Expungement can help with major life goals, including:
- Getting hired for a better job
- Applying for a promotion
- Renting a home or apartment
- Volunteering at school
- Participating in activities with children or grandchildren
- Reducing the embarrassment of public criminal records
- Rebuilding confidence after a difficult chapter
People often underestimate how much a criminal record affects daily life until it is gone. Then the phone calls start coming in.
“I got the job.”
“I was approved.”
“I finally got to go on the field trip.”
That’s the kind of result that reminds us why this work matters.
Is Expungement Automatic?
No. Expungement is not automatic.
You do not wake up one morning and discover that Indiana has politely cleaned up your record for you. You have to ask the court for it, and you have to do it the right way.
Expungement is also not something you request today and receive tomorrow. It is a process. The court has to review the request. Prosecutors may have an opportunity to respond. There may be waiting periods, eligibility questions, filing requirements, and strategic decisions about how to present your case.
The sooner you start, the sooner you can find out what is possible.
Why Hiring a Criminal Lawyer for Expungement Matters
Expungement may sound simple, but the details can get complicated quickly. Indiana law treats different convictions differently. Timing matters. The level of the offense matters. The number of convictions can matter. The county can matter. Prior petitions can matter.
Hiring a criminal lawyer gives you a better chance of getting it right the first time.
A good expungement review should answer questions like:
- Am I eligible for expungement?
- What parts of my record can be expunged?
- Will the record disappear from ordinary background checks?
- Will it still show up as expunged?
- How long will the process take?
- What should I say on job applications after expungement?
When your future is on the line, guessing is a bad strategy. Get answers before you file.
FAQ: Indiana Expungement and Background Checks
Will my expunged record show up on MyCase in Indiana?
For many misdemeanors, Level 6 felonies, and older Class D felonies, an expunged record should no longer appear on MyCase. For Level 5 felonies and higher, the record may still appear, but it should be marked as expunged.
Will an expunged misdemeanor show up on a job background check?
In most ordinary employment background checks, an expunged misdemeanor should not appear. Indiana should stop making that information available through normal public record channels.
Will an expunged Level 6 felony show up on a background check?
An expunged Level 6 felony should generally be removed from ordinary public access and should not appear on standard background checks. Criminal justice agencies may still be able to access it.
Can police or government agencies see expunged records?
Yes, in some situations. Expunged records may still be visible during criminal justice background checks, including checks for law enforcement, federal government, or certain public safety positions.
Can I say I have never been arrested or convicted after expungement?
In many ordinary situations, Indiana expungement can allow you to legally answer that you have not been arrested or convicted. The exact answer may depend on the type of application and the type of record, so it is smart to speak with an attorney before answering sensitive questions.
How long does expungement take in Indiana?
Expungement is a process. It does not happen overnight. The timeline depends on the county, the type of record, whether the prosecutor objects, and whether a hearing is required.
Should I hire a criminal defense attorney for expungement?
Yes. Hiring a criminal defense attorney can help you understand eligibility, avoid filing mistakes, and improve your chances of getting the best possible result under Indiana law.
Talk to the Marc Lopez Law Firm About Indiana Expungement
If your past is getting in the way of your future, it may be time to do something about it.
The Marc Lopez Law Firm helps people across Indiana with criminal defense, expungement, driver’s license issues, and the problems that follow a criminal case long after court is over. We know how much old records can cost people. We also know how powerful it can be when those records are finally sealed away from ordinary public view.
If you have questions about Indiana expungement, call the Marc Lopez Law Firm at 317-632-3642.
And remember: always plead the 5th.