Expunging a felony conviction in Indiana can open doors to new opportunities and provide a fresh start. Understanding the eligibility criteria and the process for expunging felonies is essential for those seeking to clear their records.
Is it Possible to Expunge Felonies in Indiana?
Yes, it is possible to expunge certain felonies in Indiana. This guide explains the following:
- Types of felonies eligible for expungement
- Eligibility criteria for expunging felonies
- The expungement process for felonies
- Benefits of expunging felony convictions
- How an attorney can assist
Here’s a closer look at each.
Types of Felonies Eligible for Expungement
Indiana law allows for the expungement of certain felony convictions, but not all felonies are eligible. Generally, Class D felonies (or Level 6 felonies under the current system) and non-violent felonies can be expunged. Examples of expungeable felonies include:
- Drug possession or minor drug-related offenses
- Theft or property crimes
- Fraud or forgery
Severe felonies, such as violent crimes, sex offenses, and crimes involving serious bodily harm or death, are typically not eligible for expungement.
Related: Indiana expungement info
Eligibility Criteria for Expunging Felonies
To be eligible for expungement, you must meet specific criteria based on the type of felony and the time elapsed since the conviction. For Class D felonies (or Level 6 felonies), the waiting period is generally eight years from the date of conviction. For eligible non-violent felonies, the waiting period ranges from eight to ten years. Additional criteria include:
- Completing all terms of your sentence, including probation, fines, and restitution.
- Having no pending criminal charges.
- Demonstrating good conduct and rehabilitation efforts since the conviction.
The Expungement Process for Felonies
The process of expunging felonies involves several key steps:
- Determine Eligibility: Review your criminal record and the specific criteria for expunging felonies in Indiana. Ensure that your offense qualifies for expungement and that you meet all eligibility requirements.
- Gather Documentation: Collect all necessary documents, including court records, arrest records, and any documents related to the completion of your sentence. Accurate documentation is crucial for a successful expungement petition.
- Complete the Petition: Your attorney will fill out the expungement petition accurately, providing detailed information about your case and reasons for seeking expungement. Ensure all required information is included to avoid delays.
- File the Petition: Your attorney will submit the completed petition to the court that handled your case. There may be a filing fee, which varies by jurisdiction.
- Notify Relevant Parties: Your attorney will inform the prosecutor’s office and any other relevant parties about your expungement petition. They may have an opportunity to contest the petition.
- Attend the Hearing (If Required): In some cases, the court may schedule a hearing to review your petition. Be prepared to attend and present your case, demonstrating your rehabilitation and the benefits of expungement.
- Receive the Court’s Decision: After reviewing your petition and any evidence presented, the court will make a decision. If granted, the records related to your felony conviction will be expunged, meaning they will no longer be accessible to the public or appear in background checks.
Benefits of Expunging Felony Convictions
Expunging felony convictions offers numerous benefits. It removes barriers to employment, as many employers conduct background checks and may view a felony conviction negatively. Expungement also improves housing opportunities, as landlords often perform similar checks. Additionally, a clean record can enhance personal relationships and provide peace of mind, allowing you to move forward without the stigma of a criminal record. These benefits can significantly improve your quality of life and future prospects.
Related: 5 common questions about expungement in Indiana
How an Attorney Can Assist
An attorney can provide invaluable assistance throughout the expungement process. They can help determine your eligibility, gather necessary documentation, complete and file the expungement petition accurately, and represent you in court. An experienced attorney will know how to navigate potential challenges and present a strong case for expungement. Consulting an Indiana expungement attorney ensures that your case is handled professionally, increasing your chances of a successful outcome.
FAQ About Expunging Felonies in Indiana
Check out these commonly asked questions about expunging felonies 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 Felonies Can Be Expunged in Indiana?
Certain Class D felonies (or Level 6 felonies) and non-violent felonies are generally eligible for expungement. Severe felonies involving violence, sex offenses, or serious bodily harm are typically not eligible.
How Long Do I Have to Wait to Expunge a Felony?
The waiting period is generally eight years for Class D felonies (or Level 6 felonies) and eight to ten years for eligible non-violent felonies. This period starts after you have completed all terms of your sentence.
What Steps Are Involved in the Expungement Process?
Steps include determining eligibility, gathering documentation, completing and filing the petition, notifying relevant parties, and attending a hearing if required.
What Are the Benefits of Expunging Felony Convictions?
Benefits include improved employment and housing opportunities, enhanced personal relationships, and peace of mind. Expungement removes the stigma associated with a felony conviction.
How Can an Attorney Help With Expunging Felonies?
An attorney can help determine eligibility, gather necessary documentation, complete and file the petition, and represent you in court, increasing your chances of a successful expungement.
Expunging felonies in Indiana can help you move forward with a clean slate and improve your future opportunities. By understanding the process and working with an experienced attorney, you can effectively clear your record and reclaim your reputation. Consulting an Indiana expungement attorney will provide you with the guidance needed to navigate this process and get 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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