Expungement in Indiana is shrouded in misconceptions. This guide clears up common myths about the expungement process, providing accurate information for those seeking a fresh start. If you’re like many people, you know that hiring an attorney can significantly ease this process. Empowering yourself with knowledge is key to successfully navigating this legal landscape.
Common Myths About Criminal Record Expungement in Indiana
In this guide, we’ll explore:
- The myth that expungement is automatically granted
- Misconceptions about the types of crimes eligible for expungement
- The belief that expunged records are erased from all systems
- The assumption that an attorney is not necessary
- The misunderstanding about the impact of expungement on life opportunities
Here’s a closer look at each.
The Myth That Expungement Is Automatically Granted
One common misconception is that expungement is a guaranteed or automatic process once you apply. In reality, expungement in Indiana is a legal process that requires meeting specific criteria and often, a court’s approval. It’s not guaranteed just because you submit an application.
Related: Indiana expungement and sealing information
Misconceptions About the Types of Crimes Eligible for Expungement
Many people believe that all types of crimes are eligible for expungement. However, Indiana law specifies which offenses can be expunged. Generally, non-violent misdemeanors and certain felonies qualify, but serious crimes, especially those involving violence or sexual misconduct, may not be eligible.
The Belief That Expunged Records Are Erased from All Systems
Another myth is that expungement completely erases a criminal record from all systems. While expungement does remove records from public access, certain government agencies may still have access to these records under specific legal circumstances.
The Assumption That an Attorney Is Not Necessary
Some people assume that they don’t need an attorney to navigate the expungement process. While it’s possible to apply for expungement on your own, the process can be complex. An attorney can provide valuable guidance, ensuring that all paperwork is correctly filed and increasing the chances of a successful outcome.
Related: Crimes that qualify for expungement in Indiana
The Misunderstanding About the Impact of Expungement on Life Opportunities
Finally, there’s a misconception that expungement will instantly change one’s life opportunities. While expungement can significantly improve job prospects and personal relationships, it’s part of a broader journey of rebuilding one’s life post-expungement.
FAQ About Criminal Record Expungement in Indiana
Check out these commonly asked questions about criminal record expungement in Indiana. If you don’t see the answers you need here, please call our office and we’ll provide the information you need.
Can I Expunge a Violent Felony in Indiana?
Generally, violent felonies are not eligible for expungement in Indiana. It’s important to check the specific laws or consult with an attorney for your particular case.
Related: Expungement and barriers to employment
How Long Does the Expungement Process Take?
The expungement process in Indiana can vary in length, typically taking several months. The exact timeline depends on the complexity of your case and the court’s schedule.
Will Expungement Clear My Record for Employment Background Checks?
In some cases, expungement will clear your record for standard employment background checks. However, certain jobs, particularly in government, might require disclosure of expunged records. You should talk to your attorney about what will still appear during a background check.
Can I Apply for Expungement Without an Attorney?
Yes, you can apply for expungement without an attorney, but having legal assistance can simplify the process and improve your chances of success.
Understanding the realities of criminal record expungement in Indiana is crucial for anyone looking to clear their past and embrace a new beginning. This guide aims to dispel common myths and provide you with the knowledge needed to navigate this process effectively.
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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