What Are Collateral Actions in Expungements?

Do you have a criminal record that you want to have wiped clean, at least when it comes to public availability to view your record? If you have a criminal arrest or conviction on your record, it is important to talk with an expungement lawyer in Indianapolis so that you know when you may be eligible to seek an expungement. Under IC 35-38-9, records that are expunged are not destroyed entirely but rather are removed from any type of public view. If you are eligible to have your record expunged, you should also determine whether there are any collateral actions on your record and whether those are also eligible to be expunged. Consider the following information.

What is a Collateral Action Under Indiana Law?

IC 35-38-9-0.5 defines a collateral action as “an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency allegation.” Further, “the term includes a proceeding or action concerning a seizure, a civil forfeiture, and a petition for specialized driving privileges.”

As you can see, many different types of actions that may appear on a person’s criminal record or other record pull might be classified as collateral actions. The above definition, and the existence of collateral actions, is relevant in expungement cases because collateral actions can also be expunged. Indeed, under IC 35-38-9, when you seek to expunge an arrest record or a conviction record, you can also expunge “any records concerning a collateral action.”

Having Collateral Actions Expunged

If you are eligible to have a criminal arrest or conviction expunged, then you will typically be eligible to have collateral actions expunged, as well. Your petition to expunge an existing arrest or conviction will typically involve a request to expunge any records concerning a collateral action under Indiana law. In order for a collateral action to be expunged alongside an arrest or conviction expungement, the collateral action will need to be clearly connected to that arrest or conviction.

How will the records concerning any collateral actions actually be expunged? Under Indiana law, once the court receives a request to expunge records related to a collateral action and a certified expungement order, the court will go through a process of determining whether the collateral action relates to the expunged arrest or conviction. If so, the collateral action will typically be expunged. If your request to have an arrest or conviction expunged is granted but you have not yet requested to have any collateral actions expunged, Indiana law says that you can still make such a request “at any time after the original expungement order is issued.”

Contact Our Indianapolis Expungement Lawyers for Assistance

Do you have questions about expungement in general or about collateral actions? An experienced Indianapolis expungement attorney at Rigney Law LLC can speak with you today. We represent clients in a wide range of matters involving criminal defense and expungement in Indiana, and we can discuss your specific circumstances with you. Contact us for more information about how we can help.

Source: 

in.gov/courts/iocs/files/pubs-trial-court-courtmgmt-expungement-detailed.pdf