When a person has been arrested, convicted, charged with a crime, or all three, then this information will stay on their permanent record. Criminal records retain information about an individual’s criminal history. Every time an arrest takes place, or a run-in with law enforcement occurs, it is added to a person’s criminal record. Currently, a new law recently passed in Indiana allows people with past criminal histories to expunge their records and seal then from the public eye.
This means employers, landlords, loan officers, mortgage brokers, and the public cannot access a person’s criminal record once expunged. However, there are several stipulations when it comes to qualifying for criminal record expungement. Not only are there criteria for qualifying, there are rules governing time-frames, namely how long a person must wait to be eligible for expungement.
Continue reading to learn how long you have to wait until you are qualified to expunge your criminal records in Indiana.
Criminal Record Expungement Basics to Know
Depending on the crime committed, a person must wait at least five years since the date of any conviction in order to be eligible for expungement. For more severe or serious crimes, like felonies, a person must wait at least eight to ten years before qualifying for record expungement. Many people that have heard about this new law are excited and eager to get their recent arrests and charges sealed for good; however, this law doesn’t work that way. It is not intended to clear a person’s record and wash away their accountability in a crime; instead, it is meant for people who made mistakes in their past that wish to conceal these arrests for future, healthy endeavors.
For example, a husband and new father has an OWI arrest on his record from his college days. He wants to apply for the new promotion at work to better support his family, but cannot get the job because he has a criminal history. This man would benefit greatly from the new criminal record expungement law. He can have this long-ago arrest conceal from his employers so that he may be looked at as a potential candidate for the upcoming promotion. This law is not intended to seal a prostitution arrest from a month ago, so a woman does not have to do more jail time the next time she is arrested on the streets.
There are various other stipulations when it comes to criminal expungement eligibility. Not everyone will qualify and be granted expungement rights, even if the required amount of time has passed since the arrest. Certain crimes are not sealable, such as murder, sex crimes, kidnapping, and other felonies. Some states do allow record expungement for felonies at all, only misdemeanors and arrests.
How to Get Started on Your Indiana Expungement Petition
Call our Law Office at 317-636-7514 to learn your eligibility for criminal record expungement in Indiana. We are skilled criminal defense lawyers who are eager to help you get the fresh start in life that you deserve! Our services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a consultation, today.