Expungement Forms Under I.C. 35-38-9
Model forms for petitions and orders for use in expungement cases filed under I.C. § 35-38-9 are included below. Also included is a list of records that will contain information needed in preparation for drafting your expungement petition. Questions as to whether each record is necessary for your particular case should be something you discuss with an attorney.
Please remember that these forms may not be appropriate for every case. If you are electing to bring your expungement case without assistance of an attorney, it is strongly recommended that, before completing your petition and proposed order, you review and study the statutory provisions of I.C. §35-38-9 and the Indiana Rules of Trial Procedure. If you have any questions as to how these provisions apply to your case, you should seek the assistance of an attorney.
Resources for Obtaining Affordable Legal Assistance
Limited Scope Representation
Limited scope representation means that you and your attorney agree that you will perform some of the tasks associated with your case, and the attorney will perform others. For example, you and your attorney may agree that you will gather all of the case records needed for you expungement case, and your attorney will draft your expungement petition. Once the petition is drafted, you will be responsible for filing the petition yourself and attending any hearings scheduled in your expungement matter. Even if you decide that you do not want to pay for your attorney’s attendance at your hearing, you may still find it beneficial to have your attorney help you prepare for the hearing. Limited Scope Representation may allow you to obtain the assistance of an attorney when you have questions while still keeping your legal expenses affordable.
Pro Bono Legal Assistance
Because an expungement case is a civil matter, and depending upon your particular circumstances, you may qualify for no-cost or low-cost legal help. Find a pro bono legal service provider »
Indigent Legal Services
There are several agencies and programs around the state that try to meet the legal needs of low-income people with respect to civil legal matters. Because expungement is a civil legal matter, you may be eligible to receive legal assistance from one of the agencies listed below if your income falls below 125% of the Federal Poverty Guidelines:
- 2015 Expungement-List of Records Needed for Preparation of Petition
- 2015 Expungement-Petition/Order Intro/Conclusion-ARRESTS
- 2015 Expungement-Section 1 Insert-Arrests Not Resulting in Conviction
- 2015 Expungement-Petition/Order Intro/Conclusion-CONVICTIONS
- 2015 Expungement-Section 2 Insert-Misdemeanors [Also for use with Class D/Level 6 Felony alternatively sentenced as a misdemeanor]
- 2015 Expungement-Section 3 Insert-Class D/Level 6 Felony Not Resulting in Bodily Injury
- 2015 Expungement-Section 4 Insert-Felony Not Resulting in Serious Bodily Injury
- 2015 Expungement-Section 5 Insert-All Remaining Felonies