If you’re looking into clearing your criminal record in Indiana, you might be asking, “Do all crimes qualify for expungement?” It’s a crucial question, especially if you’re hoping for a fresh start. This guide delves into what types of crimes are eligible for expungement in Indiana, helping you understand the legal landscape.
Do All Crimes Qualify for Expungement in Indiana?
When considering expungement, it’s important to know which crimes can and cannot be cleared from your record. This guide covers:
- Eligibility criteria for expungement
- Types of crimes that can be expunged
- Limitations on expungement
- The impact of expungement on your record
- Differences between expungement and sealing
Here’s a closer look at each.
Eligibility Criteria for Expungement
To be eligible for expungement in Indiana, there are specific criteria you need to meet. The type of conviction, the amount of time that has passed since the conviction, and your behavior since then all play a role. Generally, you must have completed your sentence, including probation, and not committed any new offenses during the waiting period.
Types of Crimes That Can Be Expunged
In Indiana, many types of crimes can be expunged, but it largely depends on the severity of the offense. Misdemeanors and minor felonies are more likely to be eligible for expungement. However, serious crimes, especially those involving violence or sexual offenses, may not be eligible. Each case is unique, so it’s important to check with a legal expert on your specific circumstances.
Limitations on Expungement
There are limitations to what expungement can do in Indiana. If your crime is not eligible for expungement, it cannot be cleared from your record. Additionally, there are waiting periods that must be met, which vary based on the severity of the crime. It’s also key to remember that expungement doesn’t erase your criminal history from government records; it only removes it from public view.
The Impact of Expungement on Your Record
Once a crime is expunged from your record, it’s like it never happened for most purposes. This means it generally won’t show up in background checks, improving your chances for jobs, housing, and other opportunities. However, in certain situations, like when applying for some government jobs, your expunged record may still be considered.
Differences Between Expungement and Sealing
It’s important to understand the difference between expungement and sealing in Indiana. Expungement removes the crime from your record, whereas sealing hides it from public view but does not erase it. Sealed records can still be accessed by certain government agencies, while expunged records are generally not accessible.
FAQ About Expungement in Indiana
Check out these commonly asked questions about expungement in Indiana. If you don’t see the answers here, please call our office and we’ll provide the information you need.
What is the First Step in Seeking Expungement?
The first step is to determine if your crime is eligible for expungement. This involves reviewing your conviction, the time that has passed, and any other relevant factors. Once you know you’re eligible, you can begin the process of filing a petition.
How Long Does the Expungement Process Take?
The length of the expungement process can vary. It depends on the complexity of your case, the specific court’s schedule, and how thoroughly you complete the necessary paperwork. Generally, it can take several months.
Can I Expunge Multiple Convictions?
In Indiana, you can expunge multiple convictions, but there are specific rules about how and when this can be done. It depends on the type of crimes and the timing of the convictions.
What Happens After My Record is Expunged?
After expungement, your criminal record will not show up in most background checks. This can improve your access to jobs, housing, and education. However, it’s important to know that in certain specific situations, your expunged record may still be accessed.
Is Legal Assistance Necessary for Expungement?
While not required, legal assistance can be very helpful. An experienced lawyer can guide you through the process, help avoid mistakes, and increase the likelihood of a successful expungement.
Understanding the expungement process in Indiana is key to determining if you can clear your criminal record. Not all crimes qualify for expungement, and there are specific criteria and limitations to consider. Seeking legal advice can be a valuable step in navigating this process and moving towards a fresh start.
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.
