If you want to know how to file for expungement in Indiana, you are in the right place to learn everything you need to know about expungement in Indiana. If you have ever been convicted of a crime, you know how negatively a criminal record can affect your life. A criminal record can stop you from going back to school or starting a meaningful career. Read below to learn how to file for expungement in Indiana.
What are Indiana’s Expungement Laws?
If you are ever convicted of a crime, the taboo of being a convicted felon can create a tremendous amount of problems as you try to move on with your life. With schools, jobs, and apartment buildings doing background checks so often, it can be a huge roadblock for success throughout your life. Some are still refused employment and housing for past convictions, even if they were convicted of simple misdemeanors as youth or in college.
According to www.in.gov.com, Indiana expungement law states:
The Indiana Expungement Statute, IC-35-38-9-10(b). states:
(b) It is unlawful discrimination for any person to:
(3) refuse to employ;
(4) refuse to admit;
(5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or
(6) otherwise discriminate against;
any person because of a conviction or arrest record expunged or sealed under this chapter.
The Indiana Expungement Law can be found in Indiana Code 35-38-9, titled “Sealing and Expunging Conviction Records.”
The Indiana General Assembly decided to give people another chance that have been convicted of crimes in the past. The state of Indiana recognizes the stigmas associated with being a convicted criminal. They have created a process that allows people who have served their sentence and continued to be law-abiding citizens a way to remove that stigma.
Indiana expungement law gives people the chance to clear their criminal records and start over with a clean slate. You won’t have to worry about not getting a job that will allow you to take care of your family ever again.
Do You Qualify for an Expungement in Indiana?
Indiana expungement law has been amended several times since it was passed in 2011. Its most recent amendment allowed for “collateral action” to be expunged along with convictions and arrests. Collateral action is any proceeding or action that is legally or factually related to:
- An arrest
- A criminal charge
- A juvenile delinquency allegation
- A conviction
- A juvenile delinquency adjudication
So not only can you get crimes expunged in Indiana, you can get any proceedings related to those crimes expunged as well. Individuals should be interested in this type of process if they ever had any property seized by the state in connection with the alleged offense they were arrested on.
Filing For an Expungement in Indiana
If you are interested in having your record expunged, Indianapolis expungement lawyers could be a big help. Finding the right expungement attorney doesn’t have to be hard, and it has a huge impact on how soon you can get your record expunged. Once you hire an expungement lawyer, they will:
- File a petition for expungement in the county where your conviction occurred.
- Create a legal strategy to argue before the judge and district attorney.
- Make sure that your record has been cleared once the court proceedings are over.