Criminal records can have a lasting impact on your life, making it difficult to find employment, housing, and even loan approval. However, expunging your record can help clear up your past mistakes and give you a fresh start. But there are some misconceptions about expungement in Indiana that you should be aware of. In this article, we’ll dispel six common misconceptions and give you a better understanding of the benefits of expunging your criminal record.
Misconception #1: Expunging Your Criminal Record Will Erase It From All Records
Expunging your record won’t completely erase it from all records. The goal of expungement is to seal the record from public view and make it inaccessible to most employers and organizations. However, some government agencies, like law enforcement, will still have access to it.
Related: 5 things to ask your expungement lawyer
Misconception #2: You Can Expunge Any Type of Conviction or Arrest in Indiana
Not all convictions and arrests can be expunged in Indiana. To be eligible for expungement, you must meet certain requirements. For example, you must have successfully completed your sentence and met any other conditions imposed by the court. Certain crimes, like murder, sexual assault, and domestic violence, are not eligible for expungement.
Misconception #3: Once You Have an Expunged Record, No One Can Find Out About It
Even though your record is sealed from public view, it’s not completely invisible. There are still certain organizations and agencies that can access it. For example, law enforcement agencies, licensing boards, and certain employers may still be able to find out about your past convictions.
Misconception #4: You Can Take All the Time You Need to File for Expungement
There is a time limit for filing for expungement in Indiana. The time limit varies depending on the type of conviction or arrest, but it’s usually between five and eight years after the completion of your sentence. If you miss the deadline, you won’t be eligible for expungement.
Related: 7 ways your criminal record can come back to bite you
Misconception #5: All Convictions are Eligible for Expungement in Indiana
Not all convictions are eligible for expungement in Indiana. Some crimes, like murder, sexual assault, and domestic violence, are not eligible for expungement. Additionally, you must meet certain requirements, like successfully completing your sentence, to be eligible.
Misconception #6: The Court System Automatically Knows When You Qualify for an Expungement
The court system won’t automatically know if you qualify for an expungement. You must file a petition and provide evidence that you meet the requirements for expungement. An experienced expungement attorney can help you navigate the process and make sure your petition is filed correctly.
Related: Can you expunge your juvenile records in Indiana?
Expunging your criminal record can have a significant impact on your life and help you move forward from past mistakes. However, it’s important to understand the facts about expungement in Indiana, including the eligibility requirements, time limits, and what’s not erased. Clearing up misconceptions about the process can help you make informed decisions about your future.
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.