Experts in Indiana Expungement Law
Criminal records have a huge effect on individuals even years after their conviction. 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 coworkers, friends and family. The good news is that in Indiana the Second Chance Law allows for qualifying individuals to have their criminal record expunged. You are more than your criminal record, and you deserve the opportunity to start fresh with your life.
On This Page:
- What Is Expungement?
- What Crimes Cannot Be Expunged?
- Who Can See Expunged Records?
- How Do You File for Expungement in Indiana?
- How Much Does An Expungement Cost?
- How Long Does An Expungement Take?
- Get Help Filing Your Indiana Expungement Forms Today
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 are 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 restricts certain party’s 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.)
Either an attempt or a conviction are not eligible for expungement for any of the above crimes.
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 if 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 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 in Indiana
If you want to expunge a misdemeanor conviction from your record the following must be true:
- If you have only misdemeanors on your record the latest misdemeanor conviction must be at least five years old
- If you have both misdemeanors and felonies on your record, 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 in Indiana
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 of the paperwork needed.
How Much Does An Expungement Cost?
Indiana expungement costs are as follows:
- If you were not found guilty or if 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 or not 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 the team at the Law Office of B.D. Williams help. We’re 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.
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