expungement

Indiana Expungements

To “expunge” is to “erase or remove completely.” This is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record. Hayes Law Office is an Indiana expungement lawyer.

How can an Indiana expungement lawyer help me?

In July of 2013, Indiana’s expungement law, also referred to as the “Second Chance Act”, went into effect. The new law is designed to help law-abiding citizens move forward after a past a mistake. For some, an expungement is a first step toward a better future. Once a record is expunged, it is no longer publicly available to employers, friends, family, landlords and lenders.

You become eligible after a waiting period dependent upon the criminal offense. As explained below, records of misdemeanors and minor felony convictions, and non-conviction records are “sealed” upon an expungement being granted.

indiana expungement lawyer

What records can be expunged?

According to IC 35-38-9-1, a person can file if:

  • The arrest did not result in a conviction or juvenile adjudication; or
  • Resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal; and
  • The person is not currently participating in a pretrial diversion program
  • Not earlier than one (1) year after the date of arrest, if the person was not convicted or adjudicated a delinquent child, or the date of the opinion vacating the conviction or adjudication becomes final (unless the prosecuting attorney agrees in writing to an earlier time)

According to IC 35-38-9-2, a person can file if:

  • A person was convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a misdemeanor.
  • Not earlier than five (5) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous five (5) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-3, a person can file if:

  • A person was convicted of a Class D felony or a Level 6 felony, not batter. This section does not apply to a person if the person’s Class D felony or Level 6 felony was reduced to a Class A misdemeanor.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period),
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-4, a person can file if:

  • A person was convicted of a Class A, B, C, or D felony not included in Section 3 or for a Felony Battery without serious bodily injury.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), 3 years from completion of sentence (including probation)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-5, a person can file if:

  • A person was convicted of a Class A, B, C, or D felony with serious bodily injury.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), 5 years from completion of sentence (including probation)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

Which felonies cannot be expunged?

Crimes not eligible in Indiana include human trafficking, official misconduct, murder, and sex crimes.

How long does it take to get an Indiana expungement?

In Indiana, the process 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 prosecutor agrees or objects to your petition for expungement, and of course, the age of the case,

An Expungement Attorney You Can Trust.

Contact Hayes Law Office, an Indiana expungement lawyer to schedule a free consultation. Call 317-759-1515 or email the office, today!