Generally, to begin the legal process for expunging or sealing your records, you’ll need your copy of the criminal record, including written documentation of the arrest and/or the conviction you're hoping to expunge. If you don’t have yours, it’s usually available through the arresting agency.
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Use the Expungement for Non Conviction forms if: You want to expunge an arrest, criminal charge, or juvenile delinquency allegation from your record, and The arrest did not lead to a conviction. This means there was a finding of ‘not guilty’, the entire case has been dismissed, or the entire case has been vacated on appeal, and
Jul 24, 2020 · Thankfully, the state of Indiana allows people to petition for expungement. This process removes a criminal charge, arrest or conviction from one’s record. Not all crimes are eligible, but understanding the process may provide many Indiana citizens relief. Offenses eligible for expungement Indiana allows expungement for many crimes, but not all.
Arrest Record Expungement. If you were arrested or charged with an offense in Indiana and did not result in a conviction or juvenile adjudication, was previously expunged, or the conviction vacated, you are eligible to expunge your arrest record. Conviction Expungement. You are eligible to expunge an Indiana conviction for most offenses. In order to be eligible you must satisfy a …
Jul 16, 2021 · In general, you do not need an attorney to expunge your criminal arrest record in Indiana. The process for applying is straightforward, and the legal requirements are strict but not severe. You can apply to have your arrest record expunged if: You never had criminal charges filed against you for the arrest, or
In most cases, the filing fee for a petition for expungement is equal to the court's civil filing fee (currently $156 for most courts). The court may reduce or waive this fee if the person is indigent. There is no filing fee for a petition for expungement of an arrest record that did not lead to a conviction.May 9, 2018
To obtain an expungement of your Indiana criminal records, you must file a petition or formal written request in the court that entered the judgment of conviction or the county of the arrest or charge.
approximately four to six monthsThe average Indiana expungement 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 DA agrees or objects, and the age of the case, etc.
Individuals convicted of a Class D/Level 6 felony and most other felony convictions must wait eight years from the date of conviction or three years after the completion of the sentence before petitioning for expungement.Jan 27, 2021
Under Chapter 35-38-9 of the Indiana Expungement Law, expungement is not available to sex offenders or violent offenders or persons convicted of official misconduct, homicide offenses, human and sexual trafficking offenses, or sex crimes.Jun 30, 2018
For misdemeanors and Class D (Level 6) felonies, expungement means that only some agencies, such as police, and attorneys can view the records. For more serious felonies, the records remain public, but they are clearly marked as “expunged.” You must pay civil filing fees to petition for expungement.Oct 3, 2014
Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.
Does an expungement under the Indiana Code restore the rights of an individual to purchase or possess a firearm under the 1968 Gun Control Act [18 U.S.C. §§ 921 et seq.]? Yes, because an expunction restores civil rights with no firearm restrictions.Dec 10, 2019
five yearsIf you were convicted of a misdemeanor or a Class D or Level 6 felony that was reduced to a misdemeanor, you must wait five years from the date of your conviction before applying for expungement. If you were convicted of a Class D or Level 6 felony, the waiting period is eight years from the date of your conviction.
A felony conviction will generally remain on a person's criminal record for life. Typically, the only way to remove it is to have it expunged. This process can seal the conviction from public view.Jun 8, 2021
Can criminal records be cleared? In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.Apr 15, 2020
How to Request a Felony Expungement. The process for expunging a felony charge and/or conviction also varies state to state but will typically require filing a petition with the court that originally heard your case. The district attorney or prosecutor's office must also be notified of your request.
If you were arrested in Indiana and no criminal charges were filed, you are eligible to expunge your arrest record. Additionally, you are eligible for an expungement if the charges were dropped because of mistaken identity, if it was found that no offense was actually committed, or if there was found to be an absence of probable cause.
Felony Reduction. If you were convicted of a class D felony, you may be eligible to reduce the felony to a class A misdemeanor. You must not be a registered sex or violent offender. Three years must have passed since you completed the sentence, and you must be free of any felony convictions since completing your sentence.
Your Felony conviction, MAY be expunged if the court finds: 1 It’s been ten (10) years from the date of the conviction; 2 You have no criminal charges pending; 3 You have paid all your fines, fees, court costs, and restitution obligations; 4 You have not been convicted of a crime within the previous ten (10) years; and 5 The prosecutor consents in writing to the expungement.
In fact, according to one study , “96% of employers conduct at least one type of background screening.“. The Indiana Expungement Statue states that a person whose record is expunged shall be treated as if the person had never been convicted of the offense.
If the prosecutor objects to the petition for expungement, the Indiana Expungement law requires the trial court to set the matter for hearing not sooner than 60 days from the date the Expungement petition was filed. But even if the prosecutor does not object, the court may still require a hearing.
In fact, the Indiana Expungement Statute states that in any application for employment, a license, or other right or privilege, a person may be questioned about a previous criminal record ONLY in terms that exclude expunged convictions or arrests, such as: “Have you ever been arrested for or convicted of a crime that has NOT been expunged by a court? So a person who has had their record expunged can truthfully answer “No” to this question.
The Indiana Expungement Law can be found in Indiana Code 35-38-9, which is titled “Sealing and Expunging Conviction Records.”. It is also known as the Second Chance Act. The law has been amended a few times since it originally passed in 2011, and it was revised and condensed in 2013 into Indiana Code 35-38-9.
An arrest can be a big problem on background checks too. Even if not convicted, just being charged with certain crimes, can scare off a potential employer or landlord, even though the arrest or charges never resulted in a conviction. Section 1 of the Indiana Expungement Law allows arrests and charges to be expunged if:
But, even though you can only expunge records of your criminal convictions once in your life, you can file petitions for all your different Indiana convictions in all counties in Indiana. Also, there is no limit to the number of expungement petitions you may file regarding arrests and/or charges that did NOT result in a conviction.
The severity of your conviction will affect how soon you’ll be able to file and whether you’ll be able to seek expunction at all. For some, the waiting period may not be long at all. If you want your arrest off your record but were never convicted, the waiting period is only a year.
When the waiting period has passed, you’ll need to prepare several forms and some information about your case, such as when it occurred and where. During this process, it’s also best to prepare documents relating to your criminal record for your attorney. Your lawyer can help you prepare your petition using these documents.
Your criminal record has likely haunted you long after your arrest or conviction. You’ve suffered for it already, so you deserve an expungement. Unfortunately, you may have trouble collecting the information you need and preparing your petition.
For most people, it’s no surprise that any time you’re found guilty of a crime, the information lands on a written report regarding your history with the judicial system. But even if you’re eventually found innocent, the details about your arrest remain on the record. Having your criminal convictions or arrests expunged removes those details from the prying eyes of potential landlords, employers and others interested in your background. Expunction doesn’t always completely erase your past, however, since many states allow judges and law enforcement agencies to access confidential records.
Sandra King uses her life experience as a small business owner, single parent, community volunteer and obsessive traveler to write about a variety of topics . She holds degrees in communication and psychology and has earned certificates in medical writing, business management and landscape gardening.
The court clerk or website for the court in the county where you were arrested can often direct you to information about necessary qualifications, as well as the appropriate forms and filing process. The clerk cannot give you legal advice regarding your case.