We have been successful as an expungement lawyer in assisting clients to get their criminal record sealed when they are charged or convicted of a crime. A criminal history does a great deal to damage opportunities in life. By having a criminal conviction expunged, you can be free of some of the penalties associated with an arrest or even worse, a conviction. An Indiana expungement allows you new freedoms, including being able to legally say that you were never convicted of the crime on a job application.
Reasons for a Criminal Record Expungement
An arrest or conviction for a past crime was bad enough when you had to deal with the hurdles of :
- Other consequences
A past arrest and court case can affect your personal and professional life. It can prevent you from obtaining a job, a loan, credit, housing, access to government benefits or even an education. In addition to the obstacles in place from a criminal charge, the social stigma attached to a criminal record is embarrassing. To say the least.
Speak with a Boone County Expungement Lawyer for the Best Advice
It is essential to deal with this problem through the proper legal channels. There is no reason to be out in the dark regarding your eligibility for a criminal record expungement. Our Indianapolis, Indiana expungement lawyers can advise you as to whether or not your arrest or conviction is eligible for an expungement and if so, how you can seal your criminal record.
The Indiana Second Chance Law
On July 1, 2013, Indiana’s new expungement law went into effect. Also known as the Indiana Second Chance Law, the expungement law makes it possible for many individuals to seek post-conviction relief. As long as no charges against you are pending, you do not have a suspended driver’s license and you have not been convicted of another crime for a certain number of years, you may be able to request an expungement of your criminal record.
Crimes Eligible for Expungement May Include:
Misdemeanors & D Felonies Reduced to a Misdemeanor
If convicted of a misdemeanor (e.g. Disorderly Conduct, Trespassing, or Marijuana Possession), you may be eligible for expungement 5 years from the date of your conviction; however, it must also be true that you have not been convicted of a crime within the previous 5 years and you have successfully completed your sentence.
D Felonies Not Reduced to a Misdemeanor
If convicted of a D felony (e.g. Receiving Stolen Property), you may be eligible for expungement 8 years from the date of your conviction; however, it must also be true that you have not been convicted of a crime within the previous 8 years and you have successfully completed your sentence.
All Other Felonies Not Including Those for Serious Bodily Injury
If convicted of a felony that does not include serious bodily injury (e.g. Sexual Misconduct), you may be eligible for expungement 8 years after the successful completion of your sentence; however, it must also be true that you have not been convicted of a crime within the previous 8 years.
All Other Felonies Including Those for Serious Bodily Injury
If convicted of a felony that includes serious bodily injury (e.g. Armed Robbery), you may be eligible for expungement 10 years after the successful completion of your sentence; however, it must also be true that you have not been convicted of a crime within the previous 10 years.
Speak to a Boone County Expungement Attorney
If you are concerned about your criminal record or any past arrest or conviction, I can help. There are many cases in which all of these matters can be thoroughly resolved, and you will no longer have to deal with the prejudice that can result when an arrest or conviction is found on your record. Give us a call at 317-434-6041 or email us at firstname.lastname@example.org
Details Specific to Indiana Expungements
After a one-year waiting period, non-conviction records (including records of withheld prosecutions under § 33-39-1-8 and non-adjudication records in juvenile cases), and records of convictions vacated on appeal may be expunged and sealed by the circuit or superior court in the county where the charges were filed, or, if no charges were filed, in the county of arrest. § 35-38-9-1. No filing fee shall be charged. Once records are sealed under this provision, no information concerning the arrest or charges may be retained in “any state central repository for criminal history information or in any other alphabetically arranged criminal history information system maintained by a local, regional, or statewide law enforcement agency,” with the exception of non-public internal law enforcement documents created at the time of arrest. § 35-38-9-1(f). All court records, including those of appellate courts, must be permanently sealed or redacted. Id. Official online versions of opinions and memorandum decisions of the supreme court and court of appeals must also be redacted.
Records of most misdemeanors and Class D or Level 6 felonies may be expunged after a waiting period, and the record is then automatically sealed. Misdemeanors, and Class D or Level 6 felonies that have been reduced to misdemeanors, must wait five years after conviction to apply; all other Class D or Level 6 felonies must wait eight years. Ind. Code §§ 35-38-9-2, -3, -6(a). In 2020 the legislature amended § 35-38-9-2 to make clear that the waiting period in cases involving reduction of a felony to a misdemeanor runs from the date of original conviction.
Most serious felonies may be expunged, with certain exceptions (e.g., offenses involving sex or violence), after waiting periods of eight or ten crime-free years from date of conviction, or three-to-five years from completion of sentence, but they are not sealed. See § 35-38-9-4, -5. The records of more serious felonies “remain public” after expungement, although they must be “clearly and visibly marked or identified as being expunged.” § 35-38-9-7. Expungement of these more serious felonies is discretionary, (and in the case of offenses committed while holding elective office and offenses “resulting in serious bodily injury,” may not be granted without the prosecutor’s consent, see § 35-38-9-5), although “[t]he expungement statutes are inherently remedial and, as such, should be liberally construed to advance the remedy for which they were enacted.” See Cline v. State, supra, quoting from Taylor v. State, 7 N .E.3d 362 (Ind. Ct. App.2014).7