Not sure when your criminal charges qualify for Indiana’s Second Chance Law? Continue below to review some of the most common types of crimes in the state, and how long you must wait before you are eligible to seal or expunge such records.
Common Indiana Criminal Offenses and General Penalties
When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the jurisdiction they committed the crime in. Some counties charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more.
As of July 2012, a new public intoxication law was modified. Indiana Code 7.1-5-1-3 now states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for public intoxication if they are endangering their life or the life of other, breaching the peace or in imminent danger of breaching the peace, or harassing, annoying, or alarming another person or group of people.
Graffiti is a form of property damage that falls under the crime of criminal mischief. Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.
In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen. Stolen property less than $750 is a class A Misdemeanor, stolen property between $750 – $50,000 is a level 6 Felony, and stolen property greater than $50,000 or a motor vehicle is a level 5 Felony.
If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.
Without the addition of enhancements, a first DUI is typically a Class C Misdemeanor, which comes with a sentence of 60 Days to 1 Year in Jail, Probation Up to 2 Years, License Suspension Up to 2 Years, Fines Up to $5,000, and more. A second or third DUI is typically a Level 6 Felony, which comes with higher penalties.
All heroin arrests are felony offenses in the state of Indiana. Heroin is a Schedule 1 drug. Even possession under a few grams of heroin is a Level 6 felony. That comes with a potential penalty of 6 months to 2 1/2 years in jail, with an average of one year, as well as, fines probation, court orders, limited freedoms, and more.
Evasion of tax is a Level 6 Felony offense in Indiana, which is punishable by 1 year or more in prison, fines up to $10,000, various court-ordered penalties, and a life-long felony record. Failing to preserve one’s tax records for the Department of Revenue (DOR) to review is also a crime, charged as a Class A Misdemeanor and punishable by up to 1 year in jail, up to five thousand dollars in fines, and additional court-ordered penalties.
When Can Criminal Charges Be Expunged or Sealed?
In order to remove arrest and conviction records from your criminal history, you must pass the Indiana expungement eligibility requirements to move forward in your case. There are several requirements, from not having any current or pending charges against you to having a valid drivers’ license, completion of all sentencing orders, and more. As for timelines, here is a guide on how long it takes for a record to be eligible for expungement or sealing in Indiana:
► ARREST RECORDS – 1 Year Following Arrest
► MISDEMEANORS – 5 Years Following Arrest
► FELONIES REDUCED TO CLASS A MISDEMEANORS – 5 Years Following Arrest
► LEVEL 6 FELONIES – 8 Years Following Arrest
► HIGHER UP FELONIES – 8 Years Following Arrest
*Eligibility for felony expungement excludes convictions involving sex offenses, elected official misconduct, or felonies resulting in serious bodily injury.
Are you interested in achieving a higher quality of life by cleaning up your Indiana criminal record? Contact our esteemed lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Are fees start as low as $850, and we never charge for initial consultations.
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