How long does expungement in Indiana take?
Indianapolis expungement – If you need to expunge your record to get a fresh start, the legal team at XpungeIndy is here to help. You do not want to wait because an expungement can take anywhere from 30 – 180 days in Indiana. You don’t want to have to put your life on hold any longer or delay the future that you want and that you deserve. We offer a free consultation, so contact us today. 317-647-5476
What is the process for expungement?
To obtain an expungement in Indiana, you start by filing a formal petition or written request. It has to be filed in the court that entered the judgment of conviction or the county where the arrest or charge occurred. If you have multiple convictions or arrests and they are in different courts or different counties, you must file a separate petition, at the same time, in each court or county.
There are specific elements that must be included in the petition, but they differ depending on the type of criminal record you are seeking to expunge. For example, expunging an arrest will have different requirements than expunging a conviction. The petition must be in compliance with the Indiana Rules of Trial Procedure and served on the county prosecutor. After the petition is filed the court will review it. They may approve your petition right away or the prosecutor may object or the court may require a hearing.
Having a qualified attorney for your Indianapolis expungement is essential to ensure that all requirements are met and that Indiana law is followed. Our legal team has vast experience with expungement and will provide you with a free consultation.
What can impact the length of time it takes for expungement?
Once the petition is filed you have to wait for the judge to rule on it. Under the statute, arrests and many misdemeanors generally are a ‘must-expunge’. That means as long as the prosecutor does not object the judge will most likely stamp it and you will be granted your expungement. This can happen relatively quickly and on average it is between 30 and 90 days.
With felony expungements, the judge may choose to have a hearing. They may want to make sure that you completely understand that you can only seek one expungement in your lifetime or ensure you are on the right track to move forward. Typically, this can take between 90 and 150 days.
When a prosecutor wants to object they have to do so within 30 days and state specifically why they are objecting. Then, the trial court is required to set the hearing no sooner than 60 days from the date when the petition was filed. This gives you and your Indianapolis expungement attorney adequate time to prepare and gather additional evidence to prove you are eligible or to convince the court that they should grant your request.
If you filed a petition on your own and now have to attend a hearing, it is not too late to contact XpungeIndy and consult our qualified legal team. We believe you deserve a second chance and will do everything we can to ensure your record is expunged.
Don’t wait, start the process for your Indianapolis expungement today
Expungement does not happen overnight. It takes time. Petitions aren’t reviewed the next day and hearings are not set immediately. They happen when it fits into the court’s calendar. You need time to prepare and so do your attorneys. The process does take a little patience, which can be frustrating when you want a job or need to change your housing situation. Set yourself up for success and contact us today.
