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How long are employers allowed to hold your background against you??

Anderson, IN |

I have a C felony in aid,ind, causing a crime, will i ever be able to get this sealed,remove,or block from employers?

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Attorney answers 3


It doesn't appear that C Felonies in Indiana can be sealed or expunged at this time.

Maybe an Indiana lawyer can offer more insight.

Clark County, Nevada practitioner.

Ryan Alexander

Ryan Alexander


In 2011, the Indiana General Assembly passed two new laws permitting individuals to seal portions of their criminal record. If successful, any case that has been restricted will not show up on a criminal history check by noncriminal justice organizations or individuals. However, the restricted case is not expunged (erased) from the criminal history - it is just not available to the requesting noncriminal organization or individual. If necessary, the requesting party may petition a court to release the restricted criminal history. Criminal Justice organizations will continue to have access to these records. Keeping arrest records private for individuals not determined guilty (IC 35-38-5-5.5) Indiana Code 35-38-5-5.5 may be available to a person who has been: arrested for an offense that was not charged; or arrested for an offense that was later dismissed; or charged with a crime(s) and later acquitted of all criminal charges; or convicted of an offense and the conviction was later vacated. For arrests resulting in a dismissal or acquittal, the individual must wait 30 days before petitioning the court for the restriction. In the case of a vacated sentence, the waiting period is one year. Marion County Packet for Sealed Records under IC 35-38-5-5.5 Second chance law for non-violent offenders (IC 35-38-8) The second chance law is for non-violent offenders charged with a certain D felony or misdemeanor crimes that did not result in the injury of a person. To be eligible for consideration, the individual must meet the following requirements: Must wait 8 years after completion of sentence (release from prison or parole) Must not be a sex or violent offender Must not have been convicted of a felony since the completion of sentence


It is something you will have to deal with for at least ten years. I serve as a civil service commissioner in a different county and state. If a person with a felony conviction serves there time, lives an exemplary life, and improves themself, we will permit them to obtain certain types of public employment after a period of time. I understand our approach is common. You should note that you don't say what the class C felony was. There are types of convictions that we consider incompatible with public employment regardless of the passage of time.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


We do not have a statute to expunge or seal C felonies. Two years ago the legislature passed a statute allowing individuals to seal nonviolent D felonies and misdemeanors. Your only options at this time are to seek post conviction relief (PCR) or a pardon from the governor. Depending on who's court the conviction is out of, the type of conviction and how long it has been a lawyer may be able to convince the prosecutor and judge to agree to a PCR.

We are a fire and hire at will state so an employer can use any reason to discriminate against you so long as its not constitutionally or statutorily protected (race, religion, etc.)

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