The fact is, when an individual, an adult in particular, is convicted of a crime, the issues and roadblocks created by that criminal conviction can follow them through the rest of their natural life. Along with being labelled as a felon, finding employment or can be nearly impossible as a large majority of employers in addition to potential landlords administer background checks before making a decision to either grant or denied employment or even housing nonetheless. Those reasons alone beg the question, can you get a felony expunged in Indiana?
Expungement in Indiana also called, the Indiana Second Chance Law, is one of the most liberal expungement laws in the United States. There are some crimes that are eligible for automatic expungement, while there are some crimes that are not eligible for automatic mandatory expungement. All misdemeanors in Indiana are eligible for expungement, however, there are certain types of felonies that are not eligible for automatic expungement in Indiana. No matter what type of offense that you were arrested for, received a misdemeanor conviction or even a felony expungement for, we recommend that you speak with an Indiana expungement lawyer right away!
Can A Felony A Get Expunged?
The eligibility of a felony expungement depends on the type of class or level of felony conviction. Under Chapter 35-38-9 of the Indiana Expungement Law, the felonies that are not eligible for expungement include the following:
- Sex offenders
- Violent offenders
- Persons convicted of official misconduct
- Homicide offenses
- Human trafficking offenses
- Sex trafficking offenses
Section 4 of the Indiana Expungement Law deals with more serious crimes. At the discretion of the court, the court MAY grant a felony expungement, but it is not mandatory. This means that a Level 1, 2, 3, 4 or 5 Felony, or a Class A, B, or C Felony can be expunged, though an expungement is not mandatory. An Indiana Expungement Lawyer will likely have to go to a hearing and argue to the judge as to why the court should grant a felony expungement. Evidence on how you have turned your life around since the conviction, can help the judge to make a favorable decision to grant an expungement.
If Your Felony Expungement Is Denied
If your felony expungement is denied by the court, a person convicted of a felony can reapply for expungement every three years afterwards for that particular conviction for which expungement was denied. Remember this only applies to Levels 1-5 Felonies and Class A-C felonies. Level 6 felonies and Class D felonies are mandatory expungements.
Speak To A Felony Expungement Lawyer
If you are believe that you are eligible for a felony expungement, give felony expungement attorney, the Law Office of B.D. Williams, Esq a call today at (317) 458-9911 to speak about a felony expungement today.