There is a new law in Indiana that allows qualified individuals to conceal their past arrest and criminal records from the public, and it has many people talking. With all the facts and fiction being spread regarding this new law, it is important to distinguish what is actually true and which rumors are false. Continue reading for accurate answers to the most common criminal record expungement questions in Indiana, as well as, what you may hear but shouldn’t believe.
Criminal Record Expungement is the Legal Concealment of Past Convictions, Arrests, and Charges. TRUE!
Under the new Indiana law, expunged criminal records are concealed from the general public, and only made available under limited circumstances. Once expunged, they can only be released by court orders or made accessible to law enforcement that is acting on official duty.
Potential Employers Cannot Find Expunged Records While Performing a Standard Employee Background Check. TRUE!
Records that have been expunged cannot be accessed by any individual performing or running a background check. They are concealed from employers, banks, leasing offices, and more. It is illegal to discriminate against any person for a conviction, arrest, or charge that has been expunged. This means an employer cannot fire or choose to not hire an individual based on a criminal charge that was expunged.
Anyone Can Qualify for Criminal Record Expungement. FALSE!
Individuals must qualify for criminal record expungement by meeting certain requirements and criteria. Depending on the crime, charge, or conviction, individuals must wait at least 5 years before applying to have their records expunged. And that’s just for misdemeanors and minor charges. For more serious convictions, more time is required to pass before a person can qualify. It can be as high as 10 years or more before someone with a felony charge or conviction can expunge their records. And many will never qualify at all based on other requirements. Consult an Indianapolis expungement lawyer for more details about qualification requirements.
Minors Can Expunge Criminal Records. FALSE!
Individuals with convictions, arrests, or charges from when they were a minor can have their records expunged if they meet all other criteria; however, an individual under the age of 18 must wait until they are a legal adult before they can qualify for expungement. So, juvenile criminal records can be expunged, but a person must be at least 18 years of age before filing for expungement.
Individuals Can Only File for Expungement Once in their Lifetime. TRUE!
A person may only file a petition to have their criminal histories expunged one time and one time only. If they make one filing error or mistake, they lose their chance to expunge their criminal records. This is why it is vital to hire a lawyer for accurate filing and processing.
Indianapolis Expungement Lawyers
Call 317-636-7514 for details about filing for criminal record expungement in Indiana. We are well-versed in the new Indiana record expungement laws, and can discuss your eligibility to expunge your criminal records. Call 317-636-7514 and schedule a consultation to discuss criminal record expungement in Indiana, today.