If you have a criminal record in the state of Indiana, then you might be looking for a way to get your record expunged. What exactly is an expungement? When a criminal record is expunged it means that it has been destroyed or sealed so that it is available only in limited or certain circumstances. Under Indiana’s expungement law, criminal records that have been expunged may only be released by court order or to a law enforcement officer on official duty.
Indiana laws have determined that the civil rights of the person with the expunged record cannot be violated. They may not be discriminated on based on the conviction that has been expunged. This includes matters of employment.
The most important thing to do when you’re looking to have your criminal record expunged is to enlist the help of a qualified attorney. The complexity of the case and the high stakes of petitioning correctly makes it crucial to have someone with experience helping you through the process. Discuss your case with our criminal defense attorneys to find out if you qualify for expungement and the best way to proceed in your situation.
Who Qualifies for Criminal Record Expungement?
Before you find out how to get your record expunged, you need to know if you are a person that qualifies for expungement. Who can have their records expunged?
A person that meets the following criteria might be eligible for record expungement in Indiana:
- The person does not have a suspended driver’s license
- The person is without pending charges
- The person has not been convicted of a crime within a set time period depending on the severity of the crime
If the person was arrested but never prosecuted or convicted, then the arrest records might be eligible for expungement after a year has passed.
If the crime was a Class D felony or a misdemeanor than the person may petition for expungement after five years have passed since the conviction.
Other felonies have a waiting period of eight or even ten years depending on if the felony was a result of a violent crime or not. Cases vary and you need to be sure that the appropriate amount of time has passed before you submit a petition for expungement.
What to Do to Have Your Record Expunged
You must petition the court following the appropriate amount of time as mentioned above. The petition must be filed in the county that the conviction was made. If you have multiple convictions in the same county that you are wanting to expunge then this must be entered in the same petition. However, if the convictions were entered in different counties then you must file separate petitions for each county.
If you have multiple convictions then it’s crucial that you include all that you want to be expunged. Your record can only be expunged once in your lifetime. If the convictions were in multiple counties then you have a one year period that you must file all of the petitions within. However, a petition to expunge arrest records that did not result in a conviction can be filed more than once in a lifetime. For more information, speak to a criminal defense attorney today.