Although Indiana’s “Second Chance” Expungement Law is in Full-Affect, there are many who will not qualify. When you petition for criminal record expungement, there is no guarantee that your records will be expunged.
Criminal record expungement is a long process. It is a process that takes more than filling out an application and waiting for approval. In fact, those who are interesting in verifying their eligibility and petitioning for criminal record expungement often hire a licensed criminal lawyer who specializes in the sealing and expungement petition process. Furthermore, there are very detailed requirements to qualify. Courts base their decisions to grant criminal record expungement to a past offender on several factors.
These factors can include, but are not limited to:
⇀ The severity of your crime;
⇀ The extent of your criminal history;
⇀ The length of time served for the offense;
⇀ The risk or threat you pose to the public;
⇀ The degree of rehabilitation you’ve taken after the offense;
⇀ The amount of restitution paid, both financially and morally;
⇀ Your current criminal standing;
⇀ Your employment and community involvement;
⇀ Recommendations of connected law enforcement, victims, witnesses, and other related or affected parties;
⇀ How you will benefit from having your record removed, and whether or not these benefits outweigh the disadvantage that would result from restricting your criminal history from public access.
Where to Go From Here
The limits to criminal record expungement and record sealing vary from case to case because of the numerous factors that influence a court’s decision in the matter. While some will qualify to expunge their arrest records, others will only qualify to have their records sealed or restricted. And many more won’t be eligible for either. The only way to truly find out whether or not you qualify is to consult a licensed Indianapolis criminal record expungement lawyer for an assessment.
Expungement – Indiana Code § 35-38-5-1
Restricted Access – Indiana Code § 35-38-5-5.5