Criminal Records Expungement can be Denied
Why would an expungement be denied? Expungement eligibility, unfortunately, doesn’t mean that it’s mandatory for a judge to grant an expungement. To have a charge expunged, a person must file an expungement petition with the Clerk of Courts or Prothonotary in the county where the case was filed. Without eligibility, a person or persons cannot file an expungement petition for a judge to consider. Almost all expungements are discretionary, which means that a judge must deliberate and consider all the different factors to conclude if a person deserves an expungement.
Expungements can be Denied
In most cases, expungements are not mandatory. A person who is requesting an expungement is not usually entitled to have their criminal charges withdrawn or dismissed. For example, A person who has been convicted of Underage Drinking, a summary offense, would receive special treatment under the expungement law. The law says that a person that has been convicted of underage drinking is eligible for expungement if that person is now 21 years old and has served their sentence successfully.
Regarding the laws for underage drinking, it says that if the person meets certain criteria, the judge “shall” grant the expungement. Because of the word “shall,” it makes this expungement request mandatory. In cases like this, the judge doesn’t have the choice to deny an expungement. Unfortunately, in most states, the expungement law does not use the word “shall,” so it’s up to the judge to decide to expunge a case or not.
Would an Expungement be Denies Because of a Prosecutor?
Whether or not the district attorney will oppose an expungement request can be a very important factor if the judge grants the expungement request. There is a good chance that a judge will grant the expungement petition if the district attorney does not oppose the request. If the expungement request is opposed by the district attorney, then the judge preceding the case will be required to consider different factors involving the case.
Among the factors considered by the court are the specific manner in which the charge was resolved, as well as the specific argument the district attorney made for opposing the expungement, and the specific cause that the petitioner used in requesting the expungement. Once the judge has considered all the various factors, they will make the final decision, either granting or denying an expungement request.
A Judge Can Deny an Expungement
Many people think that a judge is obligated to grant an expungement when they rarely ever are. The best chance of having a criminal record expunged is with the help of Indianapolis expungement lawyers. You can attempt to file for a petition for expungement on your own, but without the help of an experienced attorney, your chances are slim. The judge will look unfavorably at a person that doesn’t have the proper legal representation. Why would an expungement be denied? Not having a good attorney is probably the most common answer to that question.
Should You Have Your Record Expunged?
It is very common for people who have been convicted of a crime to request expungements. In some cases, the charges against the individual were dropped, but the person was found guilty, and a warrant for arrest was issued. Although this situation does not occur often, it does happen. The individual then requests an expungement to avoid having a criminal record. When this happens, all the records relating to the arrest, including the arrest itself, along with any findings made by the court against the individual, are sealed and cannot be discovered by other parties.
An individual can obtain relief from an impending expungement order by making an Indiana public record search. This can usually be done using the services of the county sheriff or their equivalent. If the case is still within the circuit court’s jurisdiction, then the case can be submitted to the Indiana Court of Appeals. The court will then determine if the request should be granted and, if so, order the records sealed.
An Indiana Expungement Lawyer can Remove Convictions from Your Criminal Record
An Indiana Criminal Defense Lawyer and Indiana Expungement Lawyer will have experience with criminal law and trial proceedings in the Indiana General Circuit. If you need a criminal defense attorney, expungement lawyer, or expungement law firm in Indiana, you should not hesitate to reach out to an attorney for a free consultation. Having your record expunged with the help of an expungement attorney can clear your record of any criminal convictions and help you start your new life over.
There are many expungement options available to you, depending on the nature of your crime and whether or not it was forgiven. Expungement is simply a procedure that helps the criminal records get sealed so they cannot be found again in future court cases. Many people falsely think that expunging their records will permanently destroy them. This is untrue, as expunging convictions only removes them from the public record, but not from your criminal history report, which is a more comprehensive version of the Indiana court system’s records of your convictions.
In Indiana, you can get a criminal background check at the criminal court offices, which includes criminal records. You will be able to access this information free of charge when you go to court. However, before getting this information, you must complete an application, which is usually done online. After you have completed your online application, it will take about two weeks for your request to be processed. I will then call you and give you your results. If the crime you committed was not forgiven, there would be no record of it on your record, so you may wish to consider sealing your criminal records.
Stop Your Expungement From Being Denied
Find the best expungement attorney Indianapolis has to offer. Having a criminal record lingering around can seriously hold you back from moving forward in life. It’s not worth the risk of having your expungement denied because you wanted to try it on your own. Call 317-434-6041 for a free consultation today.