The new Indiana Second Chance laws certainly provide a load of benefits and better opportunities for past offenders. However, not everyone is eligible for criminal record expungement, and perhaps not even for criminal record sealing. Continue reading to learn which groups of individuals with past criminal records may be qualified, as well as, how to get started on your expungement petition.
Indiana’s Second Chance law (IC §35-38-9)
⚖ Found Not Guilty (IC §35-38-9-1):
So long as you were found “Not Guilty”, or your charges did not result in juvenile adjudication or a conviction, you may be eligible for expungement. Furthermore, if your charges did end up in juvenile adjudication or a conviction, you may still be eligible if your conviction was later vacated on appeal.
⚖ Convicted of a Misdemeanor (IC §35-38-9-2):
If you were convicted of a misdemeanor, or Level 6 felony offense that was ultimately reduced to a misdemeanor, you may be eligible for expungement.
⚖ Convicted of a Felony (IC §35-38-9-3 and §35-38-9-4):
So long as your felony conviction was not for a violent crime, sex crime, murder, human or sexual trafficking, a felony that resulted in serious bodily injury, or any another type of violent crime, you might be eligible for expungement. You are not if you were convicted while a candidate for, or in office as, an elected government official.
⚖ Convicted of a Violent or Sexual Felony (IC §35-38-9-5):
Those convicted of a violent or sexual-related felony may be eligible for expungement depending on various specific factors. Talk to a criminal defense lawyer to learn your eligibility as a past offender convicted of a violent or sexual felony. You are not eligible if you are a sex offender, or convicted of a violent crime, such as murder, human or sexual trafficking, a felony that resulted in serious bodily injury, and more. Furthermore, you are not eligible if you were convicted while a candidate for, or in office as, an elected official.
How to Start Your Expungement Petition
Call our Indianapolis criminal defense law firm at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Take advantage of this opportunity and get your criminal record expunged this year!