In Indiana, you can petition to have your past criminal and arrest records concealed from the general public. In order for a person to be granted criminal record expungement, they must meet a strict and tedious set of standards, which vary from state to state. They must also retain assistance from a licensed attorney who is well-versed in the Indiana expungement laws because the petition process is quite complex. Furthermore, an individual can only file for expungement once in their lifetime; a single spelling error can have their petition denied with no chance of reapplying.
The Criminal Record Expungement Process
The criminal record expungement process is a long and complicated one, but it all starts with a filed petition. When filing a petition for expungement, you will need to consult with your attorney to determine which documents you will need to complete the application and subsequent paperwork. The required documents that must be submitted along with an expungement petition will vary from state to state.
However, the most common documents needed include a Certificate of Eligibility from your state’s probation department, acceptance of service, consent and waiver of hearing, prosecutor and victim statements, victim checklist, petitioner’s reply, and findings of fact and conclusions of law. Your Indianapolis expungement lawyer can help you locate and organize these documents as needed in order to successfully turn in your petition.
What Happens to These Documents?
While filing a petition for expungement, you will have to work with your state’s probation department, who will then create a report for the courts to use for assessing your eligibility. This report will showcase your personal record since your legal incident, and reveal whether or not you have experienced additional trouble with the law. During this same time, it is possible for a prosecutor to challenge the petition and file an objection with the courts prior to your hearing.