Indiana Expungement Lawyer

To “expunge” is to “erase or remove completely.” This is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record. Hayes Law Office is an Indiana expungement lawyer.

 

Expungement

How can an Indiana expungement lawyer help me?

In July of 2013, Indiana’s expungement law, also referred to as the “Second Chance Act”, went into effect. The new law is designed to help law-abiding citizens move forward after a past a mistake. For some, an expungement is a first step toward a better future.

Expungement is now allowed in Indiana. With that being said, there are many opportunities for any individual to get an expungement in Indiana. Once a record is expunged, it is no longer publicly available to employers, friends, family, landlords and lenders.

You become eligible after a waiting period dependent upon the criminal offense. As explained below, records of misdemeanors and minor felony convictions, and non-conviction records are “sealed” upon an expungement being granted.

indiana expungement lawyer

What records can be expunged?

According to IC 35-38-9-1, a person can file if:

  • The arrest did not result in a convictionor juvenile adjudication; or
  • Resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal; and
  • The person is not currently participating in a pretrial diversion program
  • Not earlier than one (1) year after the date of arrest, if the person was not convicted or adjudicated a delinquent child, or the date of the opinion vacating the conviction or adjudication becomes final (unless the prosecuting attorney agrees in writing to an earlier time)

According to IC 35-38-9-2, a person can file if:

  • A person was convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a misdemeanor.
  • Not earlier than five (5) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous five (5) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-3, a person can file if:

  • A person was convicted of a Class D felony or a Level 6 felony, not batter. This section does not apply to a person if the person’s Class D felony or Level 6 felony was reduced to a Class A misdemeanor.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period),
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-4, a person can file if:

  • A person was convicted of a Class A, B, C, or D felony not included in Section 3 or for a Felony Battery without serious bodily injury.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), 3 years from completion of sentence (including probation)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-5, a person can file if:

  • A person was convicted of a Class A, B, C, or D felony with serious bodily injury.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), 5 years from completion of sentence (including probation)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

Which felonies cannot be expunged by an Indiana Expungement Lawyer?

Crimes not eligible in Indiana include human trafficking, official misconduct, murder, and sex crimes.

How long does it take to get an Indiana expungement?

In Indiana, the process takes approximately four to six months. While that is the average timeframe, some expungements will be completed more quickly and some will take longer, depending on the facts of the case, whether the prosecutor agrees or objects to your petition for expungement, and of course, the age of the case.

We know its important for you to have a successful expungement process so that you can get along with your life without limits. Working with a dedicated Indiana expungement lawyer like Philip Hayes is important since expungements aren’t guaranteed. This is because the offender for the expungement claim will need to persuade the court/judge that the expungement is appropriate and the person is not likely to commit any future charges or offenses.

Indianapolis Expungement Attorney

Why you need Hayes Law Office as your Indiana Expungement Lawyer?

At Hayes Law Office, we provide an experienced attorney with the necessary materials when it comes to files when applying the expungement application.

Attorney Philip Hayes has worked with over 35+ cases when it comes to expungement. He will make sure that you complete the expungement to your best ability. Philip Hayes is one of the best expungement attorneys throughout the Indianapolis and Central Indiana area.

Indiana Expungement Law

An Indiana Expungement Lawyer You Can Trust.

In Indiana, expungements are never automatically awarded or granted. Here at Hayes Law Office, we have an experienced Indiana Expungement Attorney that knows the ins and outs of expungement in Indianapolis. If you or a loved one is looking to get rid of your bad record that happened in the past, please give Hayes Law Office a call today at (317) 759-1515 for a Free Expungement Consultation.

 

Client Review
Expungement Review

“I would highly recommend attorney Hayes. He is a great lawyer his prices are great for everything that he does for you. When he takes your case he gets the job done and he goes above and beyond. He tells you everything you need to to better help your situation. BEST LAWYER IN INDIANAPOLIS!!!! Thank you again for everything.”

– Beatrice B.

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