What is the Waiting Period for a Felony Expungement?
If you were arrested for a felony offense in the Indianapolis area, or if you were convicted of a felony offense, having a criminal record with a felony on it can have wide-ranging effects even after any terms of a sentence have been served. To be sure, even having a felony arrest on your record can limit certain opportunities, such as being selected for a particular job or being eligible for other opportunities. A felony conviction can be even more limiting, impacting a person’s ability to live in particular places, to obtain certain types of loans, and more. Given the far-reaching effects of a felony criminal record, you may be wondering if you have options for record sealing or expungement.
Generally speaking, the term “expungement” in Indiana refers to sealing criminal records from public view. For each type of eligible record, there is a specific waiting period that a person must meet before becoming eligible to have their record expunged. Our Indianapolis expungement attorney can tell you more about the felony expungement waiting period and what you need to do if you are currently eligible for expungement.
Waiting Period for a Felony Expungement: Arrest Record Versus Conviction Record
The waiting period to have a felony on your criminal record expunged will vary widely based on whether you have only a felony arrest (that never resulted in a conviction) versus a felony conviction. If you were arrested for a felony offense that never resulted in a conviction (including if the charges against you were dropped or dismissed), the waiting period is generally one year from the date of the arrest or charge under IC 35-38-9-1.
What if you were convicted of a felony offense? First, you will need to determine if the type of felony for which you were convicted is a type of felony that is eligible for expungement. Some types of felonies cannot be expunged under Indiana law. You will want to work with an attorney to determine whether your felony conviction is classified as a “less serious felony” under Indiana law or as a “serious felony” conviction. The two classifications are separated under IC 35-38-9-4 and IC 35-38-9-5.
Timetable for Seeking Expungement of a Felony Conviction
Under the Indiana Code, a less serious felony generally can be eligible for expungement either 8 years from the date of the conviction, or 3 years from the completion of the person’s sentence. For a serious felony conviction, 10 years must have passed from the date of the conviction, or 5 years from the completion of the person’s sentence.
However, it is important to know that certain felonies are not eligible for expungement no matter how much time has passed. Those include:
- Conviction for a felony offense that resulted in a classification as a sex offender or violence offender;
- Conviction of a felony for official misconduct;
- Conviction of a felony that resulted in another person’s death, including homicide, voluntary manslaughter, or involuntary manslaughter; and
- A person who has been convicted of two or more felony offenses involving the use of a deadly weapon when the offenses were not committed as part of the same episode of criminal conduct.
Contact Our Indianapolis Expungement Attorneys for Assistance
If you believe your felony arrest or conviction may be eligible for expungement, or that your waiting period will be over soon, it is important to seek legal advice about getting to work on your petition for expungement. One of the experienced Indianapolis expungement lawyers at Rigney Law LLC can help. Contact us today for assistance with your expungement.
Source:
in.gov/ipdc/files/TITLE35_AR38_ch9.pdf