How Do You Know if You’re Eligible for Expungement in Indiana?

Determining your eligibility for expungement in Indiana is the first step toward clearing your criminal record. Understanding the specific criteria and requirements can help you navigate this process effectively.

To know if you’re eligible for expungement in Indiana, you need to understand the state’s specific criteria and requirements. This guide explains the following:

Types of offenses eligible for expungement
Waiting periods for different offenses
Other eligibility requirements
How to check your eligibility
The role of an attorney in determining eligibility

Here’s a closer look at each.

Types of Offenses Eligible for Expungement

Indiana’s expungement law covers various types of offenses, but not all crimes are eligible. Generally, misdemeanors and certain felonies can be expunged, while severe crimes are excluded. Misdemeanors and Class D felonies (or Level 6 felonies) that were not violent or sexual in nature are typically eligible for expungement. However, crimes such as sex offenses, violent crimes (with some exceptions), homicide, human trafficking, and crimes of official misconduct are generally not eligible for expungement. It’s crucial to understand the nature of your offenses to determine your eligibility accurately.

Waiting Periods for Different Offenses

Indiana law requires specific waiting periods before you can apply for expungement, which vary depending on the offense. For misdemeanors, you must wait at least five years from the date of conviction. For Class D felonies (or Level 6 felonies), the waiting period is generally eight years. For non-violent felonies, the waiting period can range from eight to ten years. If your conviction was reduced from a higher felony to a Class D felony or Level 6 felony, you still need to wait eight years from the date of conviction. These waiting periods start after the completion of your sentence, including any probation or parole.

Other Eligibility Requirements

Beyond the type of offense and waiting periods, there are additional criteria you must meet to be eligible for expungement. You must not have any pending criminal charges at the time of your application. Additionally, you must have completed all terms of your sentence, including fines, restitution, and community service. Demonstrating good conduct and efforts toward rehabilitation can strengthen your application. These requirements ensure that you have taken responsibility for your actions and have made positive changes in your life.

How to Check Your Eligibility

To determine if you are eligible for expungement, you need to follow a few steps. First, obtain a copy of your criminal history from the Indiana State Police or the court where you were convicted. Review your criminal record against Indiana’s expungement criteria, including the types of offenses, waiting periods, and other requirements. Consulting with an attorney can provide a comprehensive review of your record and confirm your eligibility. An attorney can also guide you through the process and help you prepare your application, ensuring that all details are accurate and complete.

The Role of an Attorney in Determining Eligibility

An attorney can be invaluable in determining your eligibility for expungement. They can help you interpret the law, understand complex legal criteria, and apply them to your case. An attorney can also assist in gathering necessary documentation, ensuring that your application is complete and accurate. Additionally, an attorney can represent you in court if a hearing is required, advocating on your behalf and addressing any challenges. Consulting an Indiana expungement attorney can significantly increase your chances of a successful expungement by providing expert guidance throughout the process.

FAQ About Eligibility for Expungement in Indiana

Check out these commonly asked questions about eligibility for expungement in Indiana. If you don’t see your question here, please call our office and we’ll find you the answers you need.

What Types of Offenses Are Eligible for Expungement in Indiana?

Misdemeanors, Class D felonies (or Level 6 felonies), and certain non-violent felonies are generally eligible for expungement. Severe crimes like sex offenses, violent crimes, and homicide are not eligible.

How Long Do I Have to Wait Before I Can Apply for Expungement?

You must wait at least 5 years for misdemeanors, 8 years for Class D felonies (or Level 6 felonies), and 8 to 10 years for certain non-violent felonies after completing your sentence.

Can I Expunge Multiple Convictions?

Yes, you can expunge multiple convictions as long as they meet the eligibility criteria and fall within the allowed types of offenses and waiting periods.

What Happens If I Have Pending Charges?

You must not have any pending criminal charges at the time of your expungement application. Pending charges can disqualify you from eligibility.

How Can an Attorney Help With My Expungement?

An attorney can help you determine eligibility, gather necessary documentation, complete your application, and represent you in court. They ensure that the process is handled correctly and increase your chances of a successful expungement.

Determining your eligibility for expungement in Indiana involves understanding the types of offenses, waiting periods, and other criteria. By following these steps and consulting an experienced attorney, you can navigate the process effectively and improve your chances of getting the best possible outcome.

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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