An arrest record or criminal conviction can be difficult to overcome. There is the stigma of being labeled a criminal and finding housing and employment can be difficult because most employers and landlords conduct background checks. You may also be denied entrance into university or trade schools.
In 2013, the Indiana Legislature recognized the difficulty people may have moving forward with their lives and offered relief to those convicted of certain misdemeanors and felonies. They passed the Indiana Expungement Law, which is also known as the Second Chance Law. This law prohibits unlawful discrimination against those who have had their records expunged. In fact, a person whose record has been expunged must be treated as if they have never been convicted of that offense.
The numerous benefits to expungement means that you want to ensure it is done right. XpungeIndy is here for you. Our attorneys will make sure that your past is put behind you and that you can move on with your life. Contact us today for a free consultation.
In Indiana the State Laws refer to expungement and after one is granted, the records are either sealed or marked ‘expunged.’
Sealed Records: Once eligible convictions and non-convictions are expunged, the arresting agency, bureau of motor vehicles, the court, the department of correction, Indiana State Police, and any other involved entity are ordered to seal any records concerning the conviction or arrest. Once a record is sealed that information cannot be disclosed unless there is an order from a judge or under very limited circumstances.
Records marked ‘expunged’: When this happens, a person’s rights are restored and they may not be discriminated against because of their record. However, they are still visible on public records.
- Convictions for misdemeanors
- Class D Felonies
- Level 6 Felonies
- Arrests Without Conviction
Class A, B, and C Felonies are marked ‘expunged’ but are still visible on public records.
You can expunge your record when:
- It has been five years since the date of the conviction
- You do not have any pending criminal charges
- You have paid all your fines, fees, court costs, and restitution obligations
- You have not been convicted of a crime within the previous five years
Expungement cases may be denied if:
- There was an inaccuracy in the court file
- There is an inaccuracy in the application
- Additional charges are pending
- You have not met the required waiting period to become eligible
There are some crimes that are not expungeable such as crimes that involve:
- Human Trafficking
- Loss of Life
- Official Misconduct
- Perjury
- Sex Crimes
- Two or more offenses with a deadly weapon
There are also some instances that are not expungeable:
- Cases outside of Indiana
- Cases out of Federal Court
- Cases where charges were not filed and a case number was not created by the court
- Infractions and Ordinance Violations
- Convictions that are tied to a name and social security number that do not belong to that individual
You are only allowed one petition for expungement in your lifetime in Indiana. However, in that petition you can include an unlimited number of criminal convictions.
If you have convictions in more than one county in Indiana, you must file separate petitions in each county within 365 days of one another.
Of course the time frame varies depending on the County and the courts there. However, it can take anywhere from 30 – 180 days until the court approves the petition.
A conviction that is expunged does restore gun rights. There is one exception:
If you were convicted of a misdemeanor or felony involving domestic violence, your right is not automatically restored. You have to file a separate petition with the court.
