How Long Does Expungement Take in Indiana?
The Second Chance Law in Indiana was initially enacted in 2012, but it was later repealed and significantly expanded. The law as it is known today came into effect on July 1, 2013, and allows individuals to petition to expunge their criminal record. Expunging a criminal record does not destroy it. Instead, it seals it, blocking it from public view. Arrest records can also be expunged in Indiana.
Expunging a criminal or arrest record has many benefits. A blemish on your criminal record can make it difficult to obtain employment, housing, and even loans and academic opportunities. If you are interested in expunging your record, it is natural to wonder how long the process will take. Below, our Indianapolis expungement lawyer explains in greater detail.
How Long Does it Take to Expunge a Record in Indiana?
Generally speaking, expunging a record takes a couple of months in Indiana. After filing your petition, the prosecution has 30 days to object. If there is no objection, the court can move forward with the expungement without scheduling a formal hearing. On the other hand, if the prosecutor does file an objection or the court needs further information, the process can take longer.
If a hearing is necessary, it is typically scheduled within 60 days of the petition for expungement being filed. After the court has the information it requires, a judge will grant or deny the expungement.
Why Would the Prosecutor Object?
If the prosecution objects to the expungement, they must provide a reason. Common reasons for objections include the following:
- Public safety risk: The prosecutor may believe the petitioner poses a risk to public safety or thinks the offense is too severe for expungement.
- Previous criminal activity: Recent criminal history, or a long history of criminal activity, may lead the prosecutor to argue that rehabilitation is not complete or not possible.
- Victim opposition: If the victim of the offense is opposed to the expungement, the prosecutor will also likely oppose it.
- Statutory requirements are unmet: Outstanding fees, fines, or restitution can result in an objection by the prosecutor. Additionally, filing before the required waiting period requires the consent of the prosecution.
It is important to note that while the prosecutor has the right to object to the expungement, it is only a judge that can make the final decision.
Why Work with an Expungement Lawyer in Indianapolis?
While you are not required to work with an Indianapolis expungement lawyer when trying to seal your record, it is highly recommended that you do. At Rigney Law, LLC, our experienced attorneys can make sure your petition is properly filed, assist with navigating any objections, and provide legal advice throughout the entire process. Call us today at 317-623-0989 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your case.
Source:
indy.gov/activity/second-chance-law