The 5 Most Common Questions About Criminal Record Expungement in Indiana

Navigating the complexities of criminal record expungement in Indiana can be a crucial step towards a fresh start. This guide is designed to address the most common questions about the expungement process, providing clear and straightforward answers for individuals with criminal records who are considering hiring a lawyer to assist them.

In this guide, you’ll find detailed answers to:

Who is eligible for expungement in Indiana?
What types of convictions can be expunged?
How does the expungement process work in Indiana?
What are the benefits of having your record expunged?

Here’s a closer look at each.

Who Is Eligible for Expungement in Indiana?

Eligibility for expungement in Indiana is determined by several factors. These include the type of crime committed, the time that has elapsed since the conviction, and your overall criminal history. Generally, you are eligible for expungement if you have certain types of misdemeanors or non-violent felonies on your record, have completed your sentence, and have not been convicted of any additional crimes during a specified period following your conviction. This period varies depending on the severity of the offense but typically ranges from five to ten years.

However, not all crimes are eligible for expungement. Serious offenses, particularly those involving violence, sexual misconduct, or harm to others, may not qualify for expungement under Indiana law. It’s important to consult the specific guidelines or a legal professional to understand your eligibility based on your individual circumstances.

What Types of Convictions Can Be Expunged?

In Indiana, a range of convictions can potentially be expunged, including both misdemeanors and certain felonies. The eligibility for expungement of felonies often depends on the nature of the offense. For instance, non-violent felonies and those not involving serious bodily injury are more likely to be eligible for expungement than violent or sexual offenses.

The time that has passed since the conviction is also a critical factor. For misdemeanors, a shorter waiting period is usually required compared to felonies. Additionally, the law considers your behavior during the waiting period; maintaining a clean record with no new offenses is essential for eligibility.

How Does the Expungement Process Work in Indiana?

You must file a petition for expungement in the court where your case was handled. This petition should detail your conviction and demonstrate that you meet all the eligibility criteria for expungement. Your lawyer can handle this for you, as well as all the other steps in the process.

The court will review your petition, along with any objections from the prosecutor, and make a decision. If the court grants your petition, your record will be expunged.

What Are the Benefits of Having Your Record Expunged?

Expungement can offer significant benefits, impacting various aspects of your life:

Employment Opportunities: With an expunged record, you can apply for jobs without the worry of a criminal record affecting your chances. This can open up new employment opportunities and potentially lead to better job offers.
Housing Opportunities: Landlords often conduct background checks on potential tenants. An expunged record can improve your chances of securing housing, as landlords will not see any past convictions.
Educational Opportunities: Some educational programs require background checks. Expungement can facilitate your acceptance into these programs.
Community Participation: Expungement can remove the stigma associated with a criminal record, allowing you to participate more fully in community activities and civic life.
Personal Rebuilding: Perhaps most importantly, expungement offers a chance for a fresh start, enabling you to rebuild your life without the shadow of your past convictions.

FAQ About Criminal Record Expungement in Indiana

Check out these commonly asked questions about criminal record expungement in Indiana. If you don’t see the answers here, please call our office and we’ll provide the information you need.

How Long Does the Expungement Process Take?

The duration of the expungement process in Indiana can vary, typically taking several months. The exact timeline depends on the complexity of your case and the court’s schedule.

Can Expunged Records Ever Be Accessed Again?

Expunged records are generally not accessible to the public or most employers. However, under certain circumstances, such as specific job applications (like law enforcement), they may be accessed.

Is Legal Representation Necessary for Expungement?

While legal representation is not mandatory, having a lawyer can significantly improve your chances of a successful expungement. A lawyer can help navigate the legal complexities and ensure that your petition is properly filed and presented.

Can I Expunge Multiple Convictions?

Indiana law allows for the expungement of multiple convictions under certain conditions. It’s important to understand these conditions to determine how many and which of your records can be expunged.

What Happens If My Expungement Petition Is Denied?

If your expungement petition is denied, you may have options such as appealing the decision or reapplying after a certain period. Understanding the reasons for denial is key to addressing any issues in future applications.

Expungement is a powerful tool that can open doors to a brighter future. This guide aims to provide you with the knowledge and understanding necessary to navigate the expungement process in Indiana. Remember, taking this step can be transformative, not just for you but for your future.

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.