Expungement and Criminal Law
The past is the past, however certain events have the ability to come back to haunt us in the present. Easy hurdles in our life, such as applying for jobs or background checks can become dreaded obstacles if some let the past continue to define who they are portrayed to be today.
If a person has a criminal conviction, or simply a criminal arrest on their record – Indiana’s expungement law may be able to help you. Indiana Code 35-38-9 allows those who qualify a once in a lifetime opportunity to have their records sealed. This process makes it illegal for employers to refuse to employ on the basis of an expunged conviction/arrest record.
Indiana Code 35-38-9 lays out the specifics for the sealing and expunging of records. The statute has been revised and amended several times over the past few years, so it is crucial to seek legal representation to ensure you in the best position possible in obtaining an expungement.
Those who have been arrested, but not convicted of a criminal offense may obtain a court order sealing their arrest record if they qualify under the Indiana Statute. If you seal an arrest record under this section, there are no restrictions on how many times this can be done.
Those convicted of misdemeanors or certain felonies that were reduced to misdemeanors may be eligible to file for expungement relief. The statute sets forth a five year-timeline from the date of the conviction as well as five years before the date of filing in which you are free of any other convictions. Those convicted of certain Class D or Level 6 felonies that have not been reduced to misdemeanors may too be eligible to file for expungement relief. The statute sets forth an eight (8) year-timeline from the date of the conviction as well as eight (8) years before the date of filing in which you are free or any other convictions.
Those convicted of other felonies that have not resulted in serious bodily injury may be eligible to file for expungement relief as well. Similarly, the statute sets forth a timeline of eight years after the date of the conviction or three years after the completion of the sentence, whichever is longer. The petitioner also must have no convictions in the eight years prior to filing.
All other remaining eligible felonies require consent from the Prosecutor, and have a timeline of ten (10) years from the date of the conviction or three (3) years after the completion of the sentence, whichever is longer. This too requires ten (10) years of time before the date of filing in which the petitioner has no convictions. Again, the law is always changing, and it is very important you work with an expungement lawyer in order to determine if you may be eligible for expungement relief in Indiana.