Can Juvenile Records be Expunged in Indiana?
Going through the legal system is tough on juveniles – and even without a conviction, it can create long-lasting effects. However, there is good news: our attorneys at XpungeIndy can help you with expunging a juvenile record. All kids make mistakes, but there’s no need for a mistake to follow you for the rest of your life. Call us today at 317-647-5476 to learn more.
What is the process for expunging a juvenile record?
If you were found guilty of a minor crime, like minor consumption or simple possession of marijuana, you can get your juvenile record expunged without going to court. Indiana Code 31-39-8-3.5 says that if a juvenile turns 19 or has been discharged from the juvenile court system (whichever is later), the court is required to order expungement. That means expunging a juvenile record is automatic for certain situations.
You can quality for automatic expungement if:
- You are 19 years old or it has been one year since the juvenile court discharge (whichever is later)
- There have not been any new charges filed against you
- The charge was a misdemeanor
You cannot qualify for an automatic expungement if:
- The offense would be considered a felony if it was committed by an adult
- You were convicted of a firearm or handgun violation
- The court finds that expungement would not serve the interest of justice.
Although no action is needed, you may want to consult an attorney to ensure that your juvenile record can be expunged. At XpungeIndy, we have the experience and dedication to make sure your mistakes as a kid don’t follow you for the rest of your life.
What if my juvenile record does not qualify for automatic expungement?
Even if you don’t qualify for automatic expungement, there is still a process for expunging a juvenile record in Indiana. You may petition the court to seal or destroy your record.
Even if you don’t qualify for automatic expungement, there is still a process for expunging a juvenile record in Indiana. You may petition the court to seal or destroy your record.
- Types of juvenile cases that can be sealed
- Arrest where you didn’t go to court
- Informal Adjustment or Diversion
- A case that went to court, but was dismissed
- A case where you had a trial and won
- Types of juvenile cases that can be destroyed
- You can potentially get any juvenile records destroyed if a judge agrees
- You will likely have to attend a hearing with a juvenile judge who will consider a variety of factors
- The court may consider your age, what the nature of your case was and the outcome, what you have been doing since the finding, your education, your employment, and any other relevant information.
A petition for expunging a juvenile record can be complicated and XpungeIndy is here to protect your rights. We will help you make sure your petition is well crafted and court appearance (if needed) is presented in a manner that will ensure expungement occurs.
Expunging a juvenile record can open doors for you
Being denied automatic expungement (or falling into a category that prohibits it) doesn’t mean you can’t get your record expunged at all. It may still be possible, depending on your record.
When you do receive your expungement, you no longer have to disclose any information about your past mistake to employers, educational institutions, or others that may do a background check. That means the stigma of your past is gone and that you can focus on your future. Contact XpungeIndy today for a free consultation.
