Can My Domestic Violence Case Be Expunged?
Having a domestic violence arrest or conviction on your criminal record can have far-reaching consequences. Depending on the circumstances and details of the case, you may be limited from the types of jobs you can have. You also may not be able to possess a firearm. In some cases, your domestic violence record could impact child custody issues. There are various legitimate reasons that a person who has been accused or convicted of a domestic violence offense would want to have that information removed from their record. Yet if you are in this situation, you may be wondering if it is possible to have this kind of record sealed or expunged.
Can you have a domestic violence case sealed or expunged under Indiana law? There are particular limitations on the sealing or expunction of domestic violence criminal records, but it may be possible. Our Indianapolis expungement lawyers can tell you more.
Understanding Indiana’s Expungement Laws
Certain types of arrests and criminal convictions, along with other types of records, can be expunged in Indiana under particular circumstances. Once a record is expunged, it does not exist for all intents and purposes.
Under IC 35-38-9, arrests without convictions can be expunged after one year has passed from the date of the arrest and if you are not in a diversion program and do not have any other cases against you that are pending. Convictions are more complicated. Generally speaking, Indiana’s expungement laws allow misdemeanor convictions and low-level felonies (i.e., Level 6 felony convictions) to be expunged, but there are some limitations and exceptions. Serious felony convictions can only be expunged under very specific circumstances and with the prosecutor’s consent.
Some types of criminal convictions cannot be expunged, including convictions involving the death of another person, sex crimes involving juvenile victims, other sex offenses, and serious DUI offenses, among others. There are also some limitations associated with expunging a domestic violence record.
How to Have a Domestic Violence Record Expunged
Whether or not your domestic violence case can be expunged will depend on the circumstances. As we indicated above, if you were arrested but never charged, that type of expungement is much easier than charges that resulted in a conviction.
Any domestic violence conviction that resulted in serious bodily injury or death to another person, or that involved the use of a deadly weapon or a sex offense, is not eligible to be expunged under Indiana law. Subsequent domestic violence convictions also cannot be expunged. If you have only a first offense on your criminal record, however, and there was no serious bodily injury or use of a deadly weapon involved in the case, you may be able to have the conviction expunged.
Contact an Expungement Lawyer in Indianapolis for Assistance Today
Whether you have questions about sealing or expunging a domestic violence record or any other type of record in Indiana, one of the experienced Indianapolis expungement attorneys at Rigney Law LLC can assist you. Contact our firm today to learn more about how we can help you to determine whether your record is eligible for sealing or expunction, and if so, how we can assist you.
Source:
law.justia.com/codes/indiana/title-35/article-38/chapter-9/