How to Expunge Pretrial Diversion Records in Indiana

Expunging your pretrial diversion records in Indiana can open up new opportunities and help you move forward. Knowing the steps involved and what to expect can make this process smoother and more manageable.

How to Expunge Pretrial Diversion Records in Indiana

Expunging pretrial diversion records is a specific legal process in Indiana. This guide explains the following:

  • What are pretrial diversion records?
  • Eligibility for expungement
  • The expungement process
  • What to expect after expungement
  • The role of an attorney

Here’s a closer look at each.

What Are Pretrial Diversion Records?

Pretrial diversion programs allow certain offenders to avoid a criminal conviction by completing specific requirements, such as community service, counseling, or education programs. If you successfully complete the program, the charges are typically dismissed, but the arrest and charges remain on your record. Expunging these records can help clear your criminal history and improve your future prospects. You should check with an Indiana expungement attorney about your options.

Related: Indiana expungement info

Eligibility for Expungement

To expunge pretrial diversion records in Indiana, you must meet specific eligibility criteria. Generally, you can expunge records if the charges did not lead to a conviction. You must wait at least one year from the date of your arrest or the date charges were filed. Additionally, you should not be participating in another pretrial diversion program at the time of your application. Consulting with an Indiana expungement attorney can help you determine your eligibility and guide you through the process.

The Expungement Process

The expungement process involves several steps:

  1. Gather Necessary Documentation: Collect all relevant documents related to your case, including court records and details of the pretrial diversion program.
  2. Complete the Expungement Application: Your attorney will help you fill out the expungement application form accurately, providing all required information.
  3. File the Application with the Court: Submit your application to the court that handled your original case. There may be a filing fee involved.
  4. Attend a Hearing (If Required): Some expungement applications may require a court hearing where you will need to present your case. Your attorney will prepare you for this hearing and represent you if necessary.

What to Expect After Expungement

After filing, the court will review your application, which can take several months. If your application is approved, the arrest and charge records will be expunged, meaning they will no longer be accessible to the public or potential employers. If your application is denied, you may explore options like appealing the decision or reapplying in the future.

Related: What does your lawyer need to help you expunge your record?

The Role of an Attorney

An attorney can provide valuable guidance throughout the expungement process. They can help you understand the nuances of Indiana law, ensure your application is correctly filled out, and represent you in court if necessary. Working with an Indiana expungement attorney increases your chances of a successful outcome.

FAQ About Expunging Pretrial Diversion Records

Check out these commonly asked questions about expunging pretrial diversion records. If you don’t see your question here, please call our office and we’ll find you the answers you need.

What Are Pretrial Diversion Records?

Pretrial diversion records include the arrest and charges that were dismissed upon the successful completion of a pretrial diversion program. These records can be expunged if certain conditions are met.

How Long Do I Have to Wait to Expunge My Records?

You must wait at least one year from the date of your arrest or the date charges were filed to apply for expungement.

Related: When do you have to go to an expungement hearing?

Can I Expunge Multiple Pretrial Diversion Records?

Yes, you can expunge multiple pretrial diversion records as long as the charges did not lead to a conviction and you meet all eligibility criteria.

What If My Expungement Application Is Denied?

If your application is denied, you can explore options like appealing the decision or reapplying after addressing any issues that led to the denial.

Is Hiring an Attorney Necessary for Expungement?

While not mandatory, hiring an attorney can simplify the process and improve your chances of success. An attorney can navigate the legal system and ensure all requirements are met.

Expunging your pretrial diversion records in Indiana can help you achieve a fresh start. By understanding the process and taking the necessary steps, you can effectively clear your record. Consulting a knowledgeable attorney will provide you with the guidance you need to navigate this legal journey.

Do You Need to Talk to an Indiana Expungement and Sealing Attorney?

If you’re ready for a fresh start, we may be able to help. Call us at 317-647-5476 or fill out the form below for a free consultation on expungement. We’re here to answer your questions and get you the fresh start you deserve.

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