Indianapolis Expungement Lawyer
Criminal records have a huge effect on individuals even years after their convictions. Even if you were convicted of a minor crime, any employer can run your name through a criminal background check and see your convictions. This can sometimes affect your ability to get a job and can even affect your relationship with co-workers, friends and family. The good news is that, in Indiana, the Second Chance Law allows for qualifying individuals to have their criminal records expunged. You are more than your criminal record, and you deserve the opportunity to start fresh with your life.
What Is Expungement?
“Expungement” refers to the legal process of removing or sealing any federal or state record of an individual’s criminal conviction. Expungement is not the same thing as having your conviction legally pardoned. Indiana has its own set of laws regulating expungement that is referred to as the Indiana Second Chance Law. Under the Indiana Second Chance Law, a person may request to have their criminal records expunged or have certain arrests or convictions sealed. It’s important to note that the Indiana Second Chance Law does not completely erase your criminal history, but it does restrict certain parties’ access to your records.
What Crimes Cannot Be Expunged?
Not all crimes are eligible for expungement. In Indiana, the following types of convictions are not eligible for expungement.
- Two or more felony offenses that included use of a deadly weapon (not committed in the same incident)
- Murder offenses
- Human trafficking offenses
- Official misconduct (including perjury)
- Sex offenses (including rape, molestation, exploitation, sexual battery, etc.)
- Violent offenses (including kidnapping, criminal confinement, voluntary manslaughter, etc.)
Neither an attempt made nor a conviction of one of the above crimes is eligible for expungement.
Who Can See Expunged Records?
While a successful expungement will remove your records from any noncriminal justice background checks, your convictions will still be visible to Indiana criminal justice agencies.
How Do You File For Expungement In Indiana?
If you are interested in filing for an expungement in Indiana, then you will need to go through the process of filling out the proper expungement forms and filing them with the court in which you were convicted. Depending on the type of convictions on your record, you may or may not be eligible to have them expunged.
How To Expunge A Non-Conviction
If you were arrested or were charged with a crime that you were never convicted of or you won an appeal and had your conviction overturned, you may be able to file a request for expungement to have the arrest removed from your record. In most cases, if you want to request to have your arrest record expunged, then all of the following must be true:
- The arrest record is at least one year old
- You don’t have any additional charges currently pending against you
- You are not participating in a pretrial diversion program
How To Expunge A Misdemeanor
If you want to expunge a misdemeanor conviction from your record, then the following must be true:
- If you have only misdemeanors on your record, then the latest misdemeanor conviction must be at least five years old
- If you have both misdemeanors and felonies on your record, then your most recent conviction must be at least eight years old
It’s important to note that, in some cases, if you have been convicted of any charges that cannot be expunged, then you may not be able to expunge any convictions on your record.
How To Expunge A Felony
The guidelines for Indiana felony expungement are similar to the rules for misdemeanor expungement. You are only eligible to have your records expunged if the following are true:
- If you only have felonies on your record and the most recent conviction is at least eight years old
- If you have both misdemeanors and felonies on your record and the most recent conviction is at least eight years old
Our Indianapolis felony expungement lawyer can help walk you through the process of filing for expungement and help ensure that you submit all the paperwork required.
How Much Does An Expungement Cost?
Indiana expungement costs are as follows:
- If you were not found guilty or you won an appeal that overturned your conviction: You will not have to pay a filing fee to request that your record be expunged.
- If you were convicted of a misdemeanor or felony: You will have to pay the court’s civil filing fee, which is about $157.
How Long Does An Expungement Take?
Any expungement petition will usually take several months to be processed. This is because the courts will have to review your petition and consider whether you meet the requirements for having your record expunged.
Get Help Filing Your Indiana Expungement Forms Today
Ready to file a petition to have your criminal record expunged? Let our attorney at the Law Office of B.D. Williams help. He’s here to guide you through the process and help you file your petition. Don’t wait – get started on your path to a fresh start today.