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How to Expunge Your Record In Indiana?

Dec 21 2020, by Sean Hessler in Criminal Defense, Legal Blog

A criminal record follows you everywhere. It could be limiting your job opportunities, despite being qualified. Even long after a past mistake, you might still feel like you’re being penalized. So why can’t your criminal record stop holding you back?

If you are interested in sealing or expunging your criminal record in Indianapolis, contact Hessler Law, PC at (317) 886-8800 for free consultation. There is a lot we can do to put prior charges in the past.

Can A Conviction Be Expunged In Indiana?

In some situations, you may be able to erase your criminal record, enabling you to be able to get a good job and move forward with your life. However, not everyone has this option.

What is expungement?

An expungement limits the availability of a person’s criminal record. The history of the conviction doesn’t disappear entirely, but sealing the record makes it unavailable to the public and prosecutors. This means it will not come up in a background check conducted by a potential employer, landlord, or loan provider.

Who is eligible for expungement?

Most criminal records including those involving driving under the influence are eligible for expungement except sex crimes, serious violence, and public corruption. If you have a record of an arrest that didn’t lead to a conviction, a misdemeanor, or certain felonies, you may be eligible for sealing your records.

However, persons convicted of two or more felonies that involved a deadly weapon and were not committed as part of the same crime are not eligible for expungement.

When can I apply to have my record expunged?

All offenders must wait for some period, based on offense before requesting an expungement. The period may start at the date of conviction or the completion of the sentence.

Waiting periods are typically one year for an arrest that didn’t result in a conviction, 5 years for many misdemeanors, or reduced Class D/Level 6 felonies. the waiting period for serious felony convictions could be up to 10 years.

How does the expungement process work?

You can try to expunge more than once conviction at a time. If an expungement is granted, arrests not resulting in convictions, misdemeanors, and minor felonies are sealed right away. If you have a serious crime expunged, the record is still public but the record is marked that the conviction has been expunged.

Not every request for expungement is granted. But, if your application is denied, you can reapply 3 years later. You can only ask for expungement on the crimes in the original application. You cannot request expungement for new offenses.

One of the most important things to remember about sealing your records is that you can only be granted an expungement once in your life.

How do I apply for an expungement?

You should contact an expungement lawyer to determine your eligibility. If you are eligible, then your lawyer can get the ball rolling on an expungement application. Your lawyer will file a petition with your personal information and the crimes you wish to be sealed with the court. A copy of the application must go to the prosecuting attorney who has the opportunity to object within 30 days of receiving it.

For more answers about having a conviction expunged in Indiana, call an Indianapolis criminal defense attorney at Hessler Law at (317) 886-8800. We are committed to helping people who want to leave their criminal record in the past and move on with a clean slate.