Even after you have served your time and paid your dues after a criminal conviction, you may be experiencing unintentional consequences of your charges. Difficulty gaining employment and earning student loans are only a few of the additional challenges that can come from a conviction. Thankfully, there are ways to stop these problems.
The Indiana criminal defense and expungement attorney at Hayes Law Office helps clients to clear their criminal histories from their records with expungements and sealings.
Expungements And Sealings In Indiana
Sealing or expunging a record are two methods of dealing with charges on a record, and each of them has a different function. An expungement allows you a one-time opportunity to remove any previous arrests or convictions that are eligible for the option. Sealing a record means that it still exists legally, but it’s only accessible to criminal justice agencies.
Eligibility for Record Expungement in Indiana
Not everyone is eligible for a sealing or expungement, but that does not mean you should give up on your situation. An experienced expungement lawyer can explain your options and stand strong on your behalf throughout the Indiana criminal expungement process. Generally, eligibility for expungement involves a waiting period, as follows:
- One year to address arrest records if there was no conviction
- Five years if you were convicted of a misdemeanor
- Eight years if you were convicted of a nonviolent felony
Who Qualifies for Expungement in Indiana?
To qualify for expungement in Indiana, you must meet the following:
- Convicted for a Class D felony, misdemeanor, or infraction.
- Not have any other pending criminal cases.
- Have completed your sentence, including probation, parole, or community service, and paid all fines, fees, and restitution.
Whether you were arrested in the past in Greenwood, Carmel or Indianapolis (or anywhere in Indiana), the legal team at Hayes Law Office can review the unique factors of your case to determine what you are eligible for. Similarly, the details surrounding a criminal conviction in Indiana may be the subject of your desire to seal the record. Hayes Law Office will help you to determine you are eligible and will develop a strategy of pursuing the expungement or sealing that you need to get the life you deserve.
To get started on clearing your record, contact Hayes Law Office. Consulting an expungement attorney for a free consultation can help you to fully understand your options and move forward with the guidance of a professional attorney who takes command in all matters involving criminal charges.
The Indiana Expungement Process
It is important to remember that not all crimes are eligible for expungement. Crimes such as violent felonies, sex offenses, and offenses involving public corruption, are generally not eligible for expungement in Indiana.
Navigating the expungement process can be complex. It is highly recommended to consult with an experienced Indiana expungement attorney to discuss your specific situation and ensure you meet all the requirements. An attorney can help you prepare the necessary paperwork, represent you in court, and increase your chances of a successful expungement.
What is the Process for Expungement in Indiana?
Filing for expungement begins in the courts where the conviction occurred. This process involves several steps:
- Filing a Petition: You must file a petition with the court where you were convicted. This petition includes personal information, details about the conviction you’re trying to expunge, and an affidavit explaining why you are seeking expungement.
- Notice to the Prosecutor: The prosecuting attorney who handled your original case must be notified of your expungement petition. They then have the opportunity to object to your expungement request.
- Waiting Period: After filing, there is a waiting period before the court can rule on your petition. This allows the courts time to review your case.
- Court Decision: You may be required to appear in court. The judge will decide whether to grant or deny your expungement petition. If granted, your record will be expunged.
How Soon Can I Expungement My Criminal Case in Indiana?
While the expungement process itself can be relatively quick, often taking only a few months after filing the petition, Indiana law mandates specific waiting periods before you are eligible to file. These waiting periods are designed to ensure that individuals have demonstrated rehabilitation and are no longer considered a threat to the community.
- Dismissed Cases: If your case was dismissed and you were not convicted, you can file for expungement one year after the date of your arrest.
- Misdemeanor Convictions: For misdemeanor convictions, you must wait five years from the date of conviction before you are eligible to file for expungement.
- Non-Violent Felonies: For non-violent felony convictions, you must wait eight years from the date of conviction before you are eligible for expungement.
Once the applicable waiting period has been satisfied, and you meet all other eligibility requirements, the expungement process can begin. Filing the petition starts the clock on the court's review, which typically takes a few months to finalize.
Frequently Asked Questions About Criminal Record Expungements
Even if years have passed after your criminal conviction, your record can follow you and cause difficulties. Hayes Law Office is a well-regarded Indianapolis criminal defense firm. Indianapolis expungement lawyer Philip Hayes is here to answer your questions and provide strategic guidance regarding expungement and sealings. In the meantime, please see some answers to frequently asked questions.
What is expungement in Indiana?
An expungement allows you to remove previous arrests or convictions from your criminal record. This means potential employers and landlords cannot see your expunged criminal history on background checks.
What types of criminal and arrest records can be sealed or expunged in Indiana?
In Indiana, you can have criminal records involving arrests, charges, convictions, delinquency adjudications, appellate court records, trial court records, civil forfeiture records, and protective orders expunged or sealed.
Are there any misdemeanors that cannot be sealed or expunged?
Most misdemeanors are eligible for expungement if you have had a long enough period with no arrests and you pay off your court fees. Depending on the severity of your crime and charges, you must wait at least five years after your conviction to file for expungement. If your charge is a sex crime, violent crime or an issue of public corruption, you may not be eligible for expungement in Indiana.
Are the criminal records destroyed in expungement?
An expungement will not destroy your records. Rather, an expungement prevents nongovernmental or law enforcement persons from accessing your criminal records. It protects you from employers, landlords or others learning of your criminal record.
How many times can I expunge my records?
In Indiana, you may only seek expungement once. This means you must include all your records in your initial petition for expungement. If you are seeking expungement for charges in multiple counties, you must file a petition for each charge with the county within one year. Because you have one opportunity for expungement, it is prudent to seek the guidance and representation of a criminal defense lawyer who has a strong command of Indiana expungement law.
If my record is expunged will I pass a background check?
Expungement in Indiana generally removes a conviction from your public record. This means that a standard background check conducted by most employers should not reveal the expunged conviction. However, it's crucial to understand that expunged records may still be accessible to certain entities, such as law enforcement agencies, courts, and licensing boards. Therefore, while expungement significantly improves your chances of passing a background check, it's not a guarantee in all situations. Certain background checks, particularly those for sensitive positions, may still reveal the expunged record.
How much does it cost to expunge a record in Indiana?
The costs associated with expunging a record in Indiana can vary. There are court filing fees, which can differ depending on the county. Additionally, you may want to hire an attorney to assist you with the process. Attorney fees will vary depending on the attorney's experience and the complexity of your case. It's best to consult with an attorney to get an estimate of the total cost involved in your specific situation. Some courts may also have additional fees associated with the expungement process.
How long does expungement take in Indiana?
The expungement process in Indiana involves several stages, each with its own time frame. First, you must meet the required waiting period after your conviction or arrest (one year for dismissed cases, five years for misdemeanors, eight years for non-violent felonies). Once eligible, filing the petition starts the process. After filing, there is a waiting period before the court can rule, during which the prosecutor is notified and can object. The court's review and decision can then take several months. Therefore, from start to finish, the entire expungement process can take anywhere from a few months (after the waiting period is satisfied) to a year or more, depending on the specifics of your case and the court's schedule.
Can an expunged record be used against you?
Generally, an expunged record cannot be used against you in most situations. Indiana law aims to give individuals a second chance. However, as mentioned above, certain entities may still have access to expunged records. Also, while the conviction itself is removed from your public record, the fact of the expungement might be discoverable in some very limited circumstances. It's always best to consult with an attorney to understand the full implications of expungement in your particular case.
Put Your Past In The Past – Call An Experienced Expungement Attorney In Indianapolis
Whether you were never convicted, or your criminal charge is from a case from more than a year ago, you deserve to live in the present rather than the past. Let Hayes Law Office help you get your records sealed or expunged to clear your name by calling the Indianapolis criminal defense office by contacting the firm online. Now is the best time to contact the law firm’s attorney to pursue your expungement. Hayes Law Office represents clients throughout the Indianapolis area, including in Hamilton County, in Johnson County and in Marion County.
