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When Is Expungement Possible?

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Everyone makes mistakes. But, when these mistakes are illegal, the record of them occurring can end up on a criminal record and affect that individual’s life. Fortunately, though, many who live in Indiana and possess a criminal record are eligible for something called “expungement.”

Expungements in Indian will either seal the record from public disclosure, making it as if the conviction never occurred, or there will be label of “expunged” add to the record.

Even though expungement is very useful, it is only available to certain individuals. But, for those individuals, expungement is a real possibility that can, and will, benefit their lives.

The Expungement Statute

Within the State of Indiana, there is an Expungement Statute. The Expungement Statute allows certain individuals to have their criminal record expunged.

The most basic restriction to expungement of your criminal record is the waiting period.  As found in the Expungement Statute, those are as follows:

  • If an individual is arrested, but not convicted, they can have the record of their arrest expunged no sooner than one-year after the arrest occurred.
  • If an individual receives a misdemeanor conviction, the arrest and conviction can be expunged if the sentence was completed and no sooner than five years after the conviction date.
  • If an individual receives a felony conviction, the arrest and conviction can be expunged when the sentence is complete, no sooner than eight years after the conviction date.

But there is a caveat, if a subsequent conviction occurs, the waiting period starts over.

The Expungement Statute also allows you to pursue early expungement, with the consent of the county prosecutor.

What Is The Process Of Expunging Your Record?

The Indiana Expungement Statue separates out the different type of criminal events that can be expunged.  Each type must be addressed as specified.  Depending on the extend of your record, multiple Petitions may need to be filed in multiple jurisdictions.

Each Petition must meet all the statutory requirements and be verified by the Petitioner.  The filing of the Petition will trigger a thirty (30) day window for the State of Indiana to reply.  In some cases, without objection by the State, the Court can rule without a hearing.  It is the Petitioner’s responsibility to supply a proper Order for Expungement to the Court.

Speak With An Experienced Indianapolis Expungement Lawyer Today

The act of expunging your criminal record can open the door to a brighter future. But, for this brighter future to exist, you must expunge your record in the proper manner.

Speak with an experienced Indianapolis expungement lawyer today. We will help you put together an effective expungement request and assist you in creating the ideal legal outcome.

Sources:

americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-_expungement-/

in.gov/ipdc/files/TITLE35_AR38_ch9.pdf

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