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Expungement in Indiana

A criminal record can make it hard to get a job, or even to qualify for jobs.  A criminal record can impact your personal life, giving you a negative reputation among friends and acquaintances.  A criminal can affect your academic success and other areas of your life.  Therefore, an expungement could greatly affect your life in many ways.  In Indiana, if you meet certain criteria, you may be able to remove the blemishes of your record, such as convictions and arrest records.  Expunging your criminal record could be the key to finding the right job or getting into the right school.

The Indiana Expungement Law

Indiana passed a new law that became effective on July 1 of 2013.  Note, however, that the opportunity to remove marks from your record is only available once in a lifetime.  This opportunity can be used to remove marks from prior arrests and/or convictions.  Although the eligibility criteria for the opportunity is complex and difficult to understand, a criminal law attorney can help you navigate the red tape and work toward a better life, without the stigma of a criminal record.

Some of the categories of criminal records that are available for possible expungement are:

  • Arrests without conviction: Where you were arrested but not convicted of a crime or a juvenile adjudication);
  • Misdemeanors: Includes all misdemeanors and any Class D felonies where you were sentenced to a misdemeanor, or the offense was otherwise converted to a misdemeanor;
  • Class D felonies with no bodily injury: This applies to Class D felonies from before July 1 of 2014, and Level 6 felonies for crimes committed after that point, where there was no resulting bodily injury to another person (note that this category contains exceptions for offenses committed by elected officials and perjury);
  • Felonies with no serious bodily injury: This category includes eligible felonies where there was no resulting bodily injury to another person and are not Class D felonies resulting in bodily injury to another;
  • Other eligible felonies: Other felonies may be considered if the prosecutor consents in writing to file the petition for expungement.

For each of these categories, there are specific requirements. One of the most important requirements is the waiting period.  Some records require a waiting period of only one year, while others are longer.  An attorney can help you determine if you are eligible under the criteria.

Get Legal Help

If you or someone you know is interested in expungement a criminal record, finding an attorney is the first step to determining if you are an eligible candidate.  The process to determine eligibility is a complicated one, and a criminal attorney can help you navigate the legal process.  Once a determination is made, a petition must be filed, something that is more easily accomplished with the help of an experienced attorney.  Contact Christopher Arrington for help with your case, or visit our website for more information.

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