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Expungements / 10.19.2022

What Else Should You Know About Expungements?

People who made a mistake in life and ended up with a criminal record may not want to have to deal with the results of that issue for the rest of their days. One option that some have is to seek an expungement of their record.

An expungement means that the matter won’t show up on general criminal history searches. It can still be shared in very specific instances, such as if a government agency requires it for an official purpose. There are very specific guidelines for seeking an expunction in Indiana.

HOW DOES CASE CLASSIFICATION MATTER?

There are different classifications for crimes that are covered under the rules for expunging criminal cases. Each classification has specific requirements, such as serious felonies that require prosecutor approval. Classifications can include:

  • Arrest records
  • Misdemeanors
  • Certain minor felonies
  • Certain less serious felonies
  • Certain serious felonies

The requirements for each of these classifications differ from the others. Each has a specific time limit that a person must wait from the date of conviction and from the date the sentence was completed. Another requirement is that you don’t face any other criminal convictions for a certain period of time.

WHAT RECORDS CAN BE EXPUNGED?

If the petition to expunge is successful, there are four types of records that are expunged. These include:

  • Court files
  • Department of Corrections files
  • Bureau of Motor Vehicles files
  • Files for treatment or services provided under a court order

Anyone who has a criminal conviction they want to expunge should remember that they’re limited to only one petition for expunction in a lifetime, so this is best handled after all court cases have been resolved and the appropriate time limit has passed. Working with someone who’s familiar with these matters is beneficial since it’s such a complex undertaking, and you may even find more information here.

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