If you’re looking to expunge your criminal record in Indiana, the process has become much more accessible in recent years thanks to the Indiana Second Chance Expungement Law. A criminal record can affect many aspects of your life, such as finding a job, securing housing, or even obtaining financing. Expunging your record can provide you with a clean slate and help you move forward.
How Long Does the Expungement Process Take in Indiana?
Generally, it takes a few months to expunge a record in Indiana. After you file your petition, the prosecutor has 30 days to object. If there’s no objection, the court may proceed with the expungement without a formal hearing. However, if the prosecutor does object or the court requires further information, the process can take longer.
If a hearing is required, it will usually be scheduled no less than 60 days after the petition is filed. Once the court has gathered enough information, it will issue a ruling granting or denying the expungement.
What Happens if the Prosecutor Objects?
If the prosecutor raises an objection, they will need to provide a reason. At that point, the court will schedule a hearing where both sides can present their case. If this happens, having an experienced expungement attorney like Philip Hayes by your side is crucial, as they can help counter any objections and strengthen your case. If the court grants the expungement, your record will be sealed, and you can move forward with your life.
In the event that your petition is denied, you can either appeal the decision or refile the petition, depending on the circumstances.
Do You Need a Lawyer to Expunge Your Record in Indiana?
While it’s possible to file for expungement on your own, consulting with an experienced expungement lawyer can increase your chances of success. An attorney can ensure that your petition is filed properly, help you navigate any objections, and provide legal support throughout the entire process.
Working with a lawyer also helps ensure that you meet all the qualifications for expungement, such as not having pending criminal charges, paying all fines, and complying with other requirements. If you're unsure whether you qualify, it’s always best to reach out to the team at Hayes Law Office for guidance.
What Crimes Can’t Be Expunged in Indiana?
Indiana law allows for many criminal offenses to be expunged, but there are certain crimes that are ineligible. Serious offenses such as violent crimes, sex crimes, and crimes resulting in bodily injury cannot be expunged. Other offenses, such as homicide and human trafficking, are also excluded.
For most felonies, you must wait eight years after the conviction before applying for expungement. However, for some violent felonies, the waiting period is extended to 10 years, unless the prosecutor agrees to a shorter period. To qualify for expungement, you must also be free of any additional criminal charges and have refrained from committing any crimes during the waiting period.
If you’re unsure whether your crime is eligible for expungement, it’s a good idea to consult with an attorney who can help you understand your options and navigate the legal process.
Expungement in Indiana: A Fresh Start
Expunging your criminal record can provide you with the opportunity to start fresh, free from the barriers that a criminal record may have placed in your way. If you’re ready to explore expungement in Indiana, it’s important to have the right legal support to guide you through the process and increase your chances of success.
With the right defense attorney by your side, you can clear your record and move forward with your life. If you’re looking for top notch assistance with expungement in Indianapolis, don’t hesitate to contact the Hayes Law Office for a no obligation consultation.
