What You Can and Cannot Expunge

The New Indiana Second Chance Law allows those with past criminal records to seal such records from the public. This means better opportunities for employment, housing, education, and overall quality of life. However, there are several rules and restrictions to this new law, making it a risky endeavor to attempt alone. You need a professional Indianapolis criminal defense lawyer who is well versed in the expungement laws to help you with the process, from start to finish.

Continue reading to learn what you need to know about sealing criminal records, including what can and cannot be expunged.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

Arrest Records

In Indiana, arrest records can be expunged so long as no conviction resulted, you do not have a suspended driver’s license, and it has been at least one year since the date of the arrest. How could this be beneficial to someone? A college student looking to apply to graduate school has a public nuisance arrest on their record from freshman year, but they were never convicted. They could have this record expunged so that the dean and application counsels do not see it and use it against them.

Misdemeanor Convictions

If you were convicted of a Class A through Class C misdemeanor, you may or may not be eligible for expungement. It depends on a long list of factors, including the nature of the offense and the amount of time that has passed since the conviction. In Indiana, you must wait 5 years since the date of the conviction before petitioning the court for expunction.

Felony Convictions

If you were convicted of a Class D felony that was reduced to a misdemeanor, you would need to adhere to the same prerequisites as a misdemeanor conviction, as mentioned above. Most non-violent felonies, you must wait at least 8 years since the date of the conviction, plus meet all the other requirements, such as no pending charges, valid drivers’ license, and more.

What CANNOT Be Expunged

Expungement is not available to everyone. Those who are not eligible include sex offenders, violent offenders, and anyone convicted of official misconduct.

Where to Start Your Expungement Petition

Criminal Record Expungement 317-636-7514

Call 317-636-7514 if you want to expunge a criminal record in Indiana. Our law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more.

What is the Second Chance Act?

The Second Chance Act is something important to anyone with a past criminal record in Indiana. It is a new beginning for those whose lives are affected by a previous conviction. If you fit into one of these categories, this blog is for you.

Continue reading to learn facts about the Second Chance Act, including what it can do for you and how to get started on your new beginning.

Indiana Second Chance Act legal services
Indianapolis Criminal Record Expungement Attorney 317-636-7514

Second Chance Act

The Second Chance Act is Indiana’s new criminal record expungement law. You can find details pertaining to this law by reviewing “Sealing and Expunging Conviction Records”, Indiana Code 35-38-9. Criminal record expungement allows those with past criminal records to block their criminal history from the general public. Although their records are not destroyed, they are hidden from common background checkers, such as landlords, loan officers, employers, private individuals, and similar parties.  

Eligibility

In order to have your criminal records expunged, you must petition the state by filling out an application.  The application process involves a series of petitions, paperwork, deadlines, and strict requirements. In fact, just one simple spelling error can jeopardize a petition’s approval, thus causing the applicant to lose their opportunity to expunge their criminal records forever. That is because a person can only apply for criminal record expungement ONCE in their lifetime; and if for some reason, a single line is skipped or a deadline is missed, the petition is instantly rejected.

For these reasons and more, it is standard practice to retain the services of a licensed and experienced Indianapolis criminal record expungement lawyer for help with the entire process, including determining your eligibility. In fact, before doing anything else, your first step is to contact an expungement attorney to have your eligibility evaluated. You see, not everyone qualifies for criminal record expungement; there are several detailed and complex prerequisites for being eligible.

Examples of primary eligibility requirements for the current Indiana Second Chance Act:

✏ Arrest Records

Section 1 of the Second Chance Act permits an arrest record to be expunged if a) the arrest did not result in a conviction, b) the arrest resulted in a convicted that was later vacated on appeal, as well as, a) the person is not currently involved in a pretrial diversion program.

✏ Misdemeanor Records

Misdemeanor charges, as well as, Class D felonies (crimes committed prior to July 1, 2014) and Level 6 felonies (crimes committed post June 30, 2014) that were reduced to a misdemeanor, can be expunged if a) 5 years have passed since the conviction date, b) the person has no pending criminal charges, c) the person paid all fines, fees, court costs, and any order restitution, in full, d) the person has not been convicted of any additional crime in the past 5 years.

✏ Felony Records (Non-Violent)

Class D and Level 6 felony charges can be expunged if a) 8 years have passed since the conviction date, b) the person has no pending criminal charges, c) the person paid all fines, fees, court costs, and any order restitution, in full, d) the person has not been convicted of any additional crime in the past 8 years. Under Chapter 35-38-9 of the Indiana Second Chance law, sex crimes and violent crimes are not eligible for expungement. Additionally, official misconduct, homicide, and human/sexual trafficking convictions cannot be expunged.

✏ Public Officials and Violent Felonies

Public officials and those with violent felonies may be expunged if a) 10 years have passed since the conviction date, b) the person has no pending criminal charges, c) the person paid all fines, fees, court costs, and any order restitution, in full, d) the person has not been convicted of any additional crime in the past 10 years, e) the state prosecutor approves the expungement in writing. Even if all of these requirements are met, the court still might deny expungement.

✏ Pretrial Diversion Records

The Second Chance Act permits records of pretrial diversion programs to be expunged since, upon completion, the state dismisses the charges and the record is the same as an arrest that didn’t result on a conviction.

Criminal Record Expungement Legal Assistance

Criminal Record Expungement 317-636-7514
Criminal Record Expungement 317-636-7514

Call The Law Office of David E. Lewis at 317-636-7514 if you would like to petition for restricted access or criminal record expungement in Indianapolis. We are happily provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! We are eager to help you reform your criminal record so that you can have the quality of life you and your loved ones deserve. Call 317-636-7514 to schedule an appointment, today.