Indianapolis Expungement Lawyer
We’re human and we sometimes make mistakes, especially when we’re younger. We take risks and do stupid things that could land us in jail with a criminal record. A criminal record can follow a person forever. Even if you have served time in jail and paid the fines, the crime will still show up. Even if you were merely arrested and proven not guilty, this information will remain on your record. Your crimes will stay on your criminal record forever. This can impact your life in many ways, including employment and relationships.
It would be nice if we could go back in time and erase the mistake from our record. While we don’t have a time machine, there is something called an expungement available in some cases. Expungement is a court order in which a person’s legal record of arrest or conviction is sealed, or erased. In Indiana, arrests and some convictions qualify for record expungement. In the eyes of the law, an expunged record does not exist. It allows a person to live as if the arrest had never happened.
Contact an Indianapolis expungement lawyer to take advantage of this opportunity for freedom. Contact the team at Rigney Law LLC for help with the process.
The Expungement Process: What to Expect
Understanding the expungement process can help ease concerns and ensure you’re prepared. In Indiana, the process begins with determining your eligibility based on the type of conviction, the time that has passed, and whether all sentences and fines have been satisfied. Once eligibility is confirmed, a Petition for Expungement must be filed with the court. The court will then review your petition, and in some cases, a hearing may be scheduled. It’s important to note that while the process can take several months, having an experienced attorney by your side can help streamline the steps and avoid potential pitfalls. Our team at Rigney Law LLC will guide you through the entire process, ensuring that all paperwork is properly submitted and advocating for your rights in court if necessary.
Indiana Expungement Law
The State of Indiana has provided some limited relief with the Expungement Statute. The Expungement Statute was enacted in 2014. Under this statute, misdemeanor convictions and Level 6 felony convictions may be eligible for expungement. Here’s what the law provides:
- Section 1. Under Section 1, if you are arrested but not convicted, you can have the record expunged one year from the date of arrest, regardless of what you were charged with. If the end result was not a conviction, you aren’t participating in a diversion program, and you don’t have any other pending cases, you are eligible to expunge that arrest.
- Section 2. Under Section 2, if the arrest resulted in a misdemeanor conviction, both the arrest and conviction can be expunged if the sentence was successfully completed and five years have passed since the date of conviction. In addition, you cannot be convicted of any other crimes during that five-year span and you cannot have any other pending cases.
- Section 3. Under Section 3, if the arrest resulted in a Level 6 felony, both the arrest and conviction can be expunged when the sentence is successfully completed and eight years have passed since the date of conviction. Again, you cannot have any other convictions or pending cases during that eight-year span.
Expungement Statute
The State of Indiana has recognized the severe, long-lasting, effect an arrest record or a conviction record may have on a person’s life, and they have provided some limited relief with the Expungement Statute. The Expungement Statute is a fairly new law, being enacted in 2014. Under the expungement Statute arrests, misdemeanor convictions, and D-felony or level 6-felony convictions may be eligible for expungement. Major Felony convictions may also be expunged, although, for major felony cases, the relief is so insignificant that we rarely recommend seeking it.
Section 1
Under Section 1 of Indiana’s Expungement Statute, if you are arrested but not convicted, you can have the record expunged one year from the date of arrest. It does not matter one bit what you were charged with if anything. Whether you were charged with driving without a license or murder, if the end result was not a conviction, you aren’t participating in a diversion program, and you don’t have any other pending cases, you are eligible to expunge that arrest.
Section 2
Under Section 2 of Indiana’s Expungement Statute, if the arrest resulted in a misdemeanor conviction, including any level 6 conviction reduced to a misdemeanor by way of alternative misdemeanor sentencing, both the arrest and conviction can be expunged when
1.) The sentence was successfully completed, and
2.) Five (5) years have passed since the date of conviction. You must also not get convicted of any other crimes during that 5-year span and cannot have any other pending cases.
Section 3
Under Section 3 of Indiana’s Expungement Statute, If the arrest resulted in a D-felony or a level 6-felony, both the arrest and conviction can be expunged when
1.) The sentence is successfully completed, and
2.) Eight (8) years have passed since the date of conviction. Similarly to misdemeanors, you cannot have any other convictions during that 8-year span, and you cannot have any other pending cases.
The law places additional limitations, restrictions, and requirements on the use of Indiana’s Expungement Statute that make it vitally important to hire a skilled, knowledgeable, and experienced attorney to handle a Petition for Expungement.
In addition, the State of Indiana will occasionally allow a person to file early, or to ignore one or more of the other requirements. When a person seeks that kind of permission, Rigney Law LLC is also available to help.
Benefits of Expungement
Expunging your criminal record offers significant long-term benefits. First and foremost, it allows you to move forward without the shadow of a criminal conviction following you. This can improve your chances of securing employment, housing, and educational opportunities, as many employers and landlords conduct background checks. Additionally, expungement restores certain civil rights, such as the right to vote or serve on a jury, depending on the offense. By removing your criminal record, you can work toward a fresh start and rebuild your reputation within your community.
The Experienced Indianapolis Expungement Attorneys at Rigney Law LLC
The attorneys and staff at Rigney Law LLC have the skill, knowledge, and experience to handle any expungement case. What’s more, we will meet with you to review your matter and determine your eligibility before we charge you any money. Both Jake and Kassi, while located in Indianapolis Marion County, will travel anywhere in the State of Indiana to help you seek an expungement of your criminal record. If you want to expunge your criminal history, but you don’t know where to start, consider calling our Indianapolis expungement lawyers at Rigney Law LLC today at 317.623.0991
