The Indiana Expungement Process.
Do you have a criminal record that seems to be weighing you down? Indiana passed a law in 2013, sometimes called the Indiana Second Chance Law. This law allows an individual to petition a court to expunge or seal their criminal record. While there are many facets to the Indiana expungement process, we will break this law down for you as simply as possible.
How do I file for an expungement?
First thing first. You must determine that you are eligible to file.
How do you determine if you are eligible to file for expungement?
Most importantly, you must not owe the court any money. The Indiana expungement law states that a petitioner must not owe any fines, fees, or court costs, and must have satisfied any court ordered restitution as a part of the sentence.
The next factor of eligibility seems obvious, but it is nonetheless very important. The second factor of eligibility is that you must not have any pending criminal cases when you file for an expungement.
Finally, you must know the charges that resulted in your conviction and the charge will determine what section of the Indiana expungement code you need to file under. You can ensure that you have all of this case information by pulling a criminal history report from the Indiana State Police Department.
The criminal history report can then help you to determine the next eligibility requirement, which is time. You must be in the statutory time frame to be eligible to file for an expungement