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  5. I Was Denied an Expungement, Can I Appeal?

I Was Denied an Expungement, Can I Appeal?

On Behalf of Dixon & Moseley, P.C. | Dec 31, 2020 | Appellate Practice, Criminal Appeals, Criminal Law, Felony Expunged, Indiana Court of Appeals, Supreme Court

Expungement is the legal process in which an individual’s criminal record is erased; albeit, with certain exceptions. In Indiana, individuals who have committed certain crimes have the ability to seek an expungement of their criminal record. Obtaining an expungement is an extremely beneficial tool for individuals with past convictions or arrests as it provides a chance to move forward in life without the attached stigma that tends to follow criminal convictions. But, what happens if the court denies your request for expungement? Can you appeal? In this blog, we try to provide insight into the expungement process while looking at potential remedies in the event your expungement request was denied.

The process for obtaining an expungement is codified in statutory code sections 35-38-9 et. al. Precedent dictates that, because the expungement statutes are inherently remedial, such should be liberally construed to advance the purpose of the expungement statutes (i.e., granting individuals a fresh start). As our Indiana Courts have recognized, “[t]hrough the expungement statutes, the legislature intended to give individuals . . . a second chance.”1

However, while the expungement statutes are liberally construed in favor of granting relief to qualifying individuals, not every individual is entitled to an expungement. That is, certain crimes, such as murder and sex offenses, are crimes that do not qualify for expungement.2 Moreover, the expungement statutes are divided into what are referred to as discretionary expungements and non-discretionary expungements. In non-discretionary expungements, so long as the individual meets all statutory requirements, the trial court has no discretion to deny an individual’s request for expungement. On the other hand, in discretionary expungements, a trial court has the ability to deny a request for expungement, even if the individual meets all statutory requirements.3

Even while Courts tend to look favorably towards individuals who meet all necessary requirements for expungements, mistakes are still made, and individuals who should have received an expungement are nevertheless denied. However, if you are denied an expungement of your criminal records, there is relief available. That is, a denial of a petition for expungement is considered an appealable final order.4 Thus, there is still relief available for you in the appellate courts even if you get denied. For example, in a recent decision by the Indiana Supreme Court, the Court held that the trial court abused its discretion in denying an individual’s request for an expungement, even though it was considered a discretionary expungement.5

Expungement cases are often complex matters. They often times turn on extremely fact-sensitive scenarios, making a generalized remedy nearly impossible to provide. Having a skilled attorney who is experienced in expungements and appellate work is critical. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle all types of expungements and appeals, be it civil or criminal, throughout Indiana. This blog is intended for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Cline v. State, 61 N.E.3d 360 (Ind. Ct. App. 2016).
  • Ind. Code 35-38-9 et. al.
  • Taylor v. State, 7 N.E.3d 362 (Ind. Ct. App. 2014).
  • Ind. Code 35-38-9-9.
  • Allen v. State, 20S-XP-506 (Ind. 2020).
  • What Does the Indiana Court of Appeals Review (and What It Won’t)?

    On Behalf of Dixon & Moseley, P.C. | Mar 11, 2026 | Uncategorized

    If you’re thinking about an appeal in Indiana, one of the most important — and most misunderstood — questions is what the Indiana Court of Appeals will actually review. Many people assume an appeal is a “do‑over” of the trial. It is not. The Indiana Court of Appeals has a limited role, and understanding that role early can help set…

    Indiana Criminal Appeals: How to Appeal a Conviction in Indiana

    On Behalf of Dixon & Moseley, P.C. | Mar 5, 2026 | Uncategorized

    A criminal conviction in Indiana does not always mark the end of the road. In many cases, defendants have the right to pursue a criminal appeal in Indiana and ask a higher court to review whether legal errors affected the outcome of their case. Understanding how Indiana criminal appeals work, and acting quickly, can be critical to protecting your rights.   What Is a…

    Who Is Entitled to Parenting Time During Spring Break in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 26, 2026 | Uncategorized

    Spring break is a highly anticipated time for children—but for divorced or separated parents, it often raises important legal questions. One of the most common questions Indiana family law attorneys hear is: Who gets parenting time during spring break in Indiana? Ultimately, the answer to this question is fact specific. However, generally speaking, the answer can be found in your…

    Appealing Summary Judgment in Indiana: What Works (and What Doesn’t)

    On Behalf of Dixon & Moseley, P.C. | Feb 24, 2026 | Uncategorized

    Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude…

    What Are the Indiana Parenting Time Guidelines?

    On Behalf of Dixon & Moseley, P.C. | Feb 22, 2026 | Uncategorized

    When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents. If you’re navigating a custody case, understanding how these Guidelines work can help you make…

    Military Divorce in Indiana: What Service Members Should Know

    On Behalf of Dixon & Moseley, P.C. | Feb 17, 2026 | Uncategorized

    Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana) 1. Filing…

    Stepparent Adoption in Indiana: Legal Steps for Blended Families

    On Behalf of Dixon & Moseley, P.C. | Feb 10, 2026 | Uncategorized

    Blended families are increasingly common, and for many stepparents in Indiana, adoption is a meaningful way to solidify an already strong parent-child bond. Stepparent adoption provides legal security, emotional stability, and clarity for the entire family—but it also comes with specific legal requirements that must be handled carefully. Below is a clear, practical overview of how stepparent adoption works in…

    How Long Does a Father Have to File for Paternity in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Feb 5, 2026 | Uncategorized

    If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information. A common question we hear is how long do I have to file for…

    How Retirement Accounts Are Divided in an Indiana Divorce

    On Behalf of Dixon & Moseley, P.C. | Feb 3, 2026 | Uncategorized

    One of the most stressful—and often misunderstood—parts of a divorce is what happens to retirement accounts in a divorce. For many people, their 401(k), pension, or IRA is the largest asset they own besides their home. The thought of splitting it with their soon to be former spouse can feel overwhelming. Understanding how Indiana courts divide retirement accounts can help…

    Can a Child Choose Which Parent to Live With in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Jan 28, 2026 | Uncategorized

    In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented…

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