If you’re like many people, you’re wondering what your criminal history looks like if you’ve been arrested but never convicted of a crime. In the state of Indiana, you get a criminal record the moment you’re arrested and booked. Your record will follow you for the rest of your life if you don’t do something to change it, even if you were only arrested and never even charged with a crime. These types of records are called non-conviction records, which this guide explains.
Expunging Non-Conviction Records in Indiana
It’s possible to expunge non-conviction records in the state of Indiana. However, many people don’t even know that these records exist. The following sections explain what you need to know about these Indiana criminal records.
Related: Indiana expungement FAQ
What is a Non-Conviction Record?
When the police arrest you, the state of Indiana begins a criminal history report on you. Each time you have a case that moves through the legal system, it gets added to your record. It’s important to know that even if you were only arrested and were never actually charged with a crime, or if you were charged and the charges were dropped, you were found not guilty in court, your conviction was vacated or you were pardoned, your criminal record remains the same unless you take action to clear it.
Non-conviction records include:
- Arrest and release
- Charges that never led to a conviction
- A conviction that was later vacated
If you have one or more of these records, you’re eligible to file a petition to ask the state of Indiana to expunge your record. Although there is no guarantee that the state will actually expunge your record, you have the right to ask. However, you must meet all the right criteria – including the waiting period. (See the following section, “How Long Do You Have to Wait to Expunge Non-Conviction Records?” to learn more.)
For many people, the best way to determine whether they’re eligible for expungement in Indiana yes to work with a criminal record clearing attorney. Your attorney can evaluate your criminal record and help determine whether you’re eligible, as well as fill out and file the appropriate petitions with the state for you.
How Long Do You Have to Wait to Expunge Non-Conviction Records?
Generally, you must wait at least one year from the date of your arrest or acquittal (or the date the charges were dropped) to file a petition for expungement. Additionally, all of the charges against you must have been dismissed, And you must not have any pending charges for other incidents. However, in some cases, prosecutors agreed to let people expunge their records earlier than normal period if you haven’t waited a year since your arrest, but you still wish to expunge your record early, you may want to talk to an Indiana criminal record clearing attorney. Your attorney can let you know whether you may be eligible for early expungement.
Is Expunging Non-Conviction Records Different From Expunging Conviction Records?
Expunging conviction records is very different from expunging conviction records. Though the process is very similar, the requirements are not the same. If you have conviction records you wish to expunge, it may be in your best interest to work with an Indianapolis expungement attorney who understands how the system works. Your lawyer will give you all the guidance you need throughout the process, as well as fill out and file all your petitions for you so you don’t have to worry about a thing. so
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.