A past criminal conviction can cast a long shadow, creating obstacles in employment, housing, and even personal relationships long after you have served your time. In Indiana, the Second Chance Law offers a path forward through a legal process called expungement. Expungement seals your criminal record from public view, giving you a fresh start and a fair opportunity to rebuild your life.

Understanding the expungement process, especially the required waiting periods, is the first step toward clearing your name. This guide will walk you through the eligibility requirements for an Indiana expungement, detail the specific timelines for different offenses, and explain the steps involved. While the process can be complex, knowing what to expect can empower you to take control of your future.

What is Expungement in Indiana?

Expungement is the legal process of sealing a criminal record. When a record is expunged in Indiana, it is removed from public access databases. This means that potential employers, landlords, and the general public will not be able to see the conviction during a routine background check.

However, it’s a common misconception that expungement erases the record entirely. While sealed from the public, certain government and law enforcement agencies may still access these records under specific circumstances. Still, for most people, an expungement provides significant relief from the daily consequences of a past mistake.

Who is Eligible for an Indiana Expungement?

Indiana’s Second Chance Law sets specific criteria to determine who qualifies for a criminal record expungement. Generally, you must have completed all terms of your sentence, including probation, fines, and any court-ordered programs. You must also have remained conviction-free for a designated period.

It’s important to note that not all convictions are eligible. For example, individuals convicted of sex or violent offenses, official misconduct, or homicide are typically not eligible for expungement. An experienced expungement lawyer can review your case to confirm your eligibility.

Waiting Periods for Expungement in Indiana

A critical part of expungement eligibility is satisfying the required waiting period. This is the amount of time you must wait after the date of your conviction before you can file a petition with the court. The waiting period varies based on the severity of the offense.

Arrests Not Resulting in Conviction

If you were arrested but never convicted of a crime, you can petition for expungement one year after the date of the arrest. This applies if charges were never filed or if the charges were dismissed.

Misdemeanor Convictions

For misdemeanor convictions, you must wait five years from the date of the conviction. During this time, you must not have any new convictions. You also need to have successfully completed your sentence and paid all associated fines and fees.

Lower-Level Felony Convictions (Level 6/Class D)

If you were convicted of a Level 6 or Class D felony that was not reduced to a misdemeanor, the waiting period is eight years from the date of conviction. Like with misdemeanors, you must have no new convictions during this period and have fulfilled all sentencing requirements.

More Serious Felony Convictions

For most other, more serious felonies (excluding those ineligible for expungement), you must wait the longer of eight years from the conviction date or three years from the completion of your sentence. These cases often require the prosecutor’s consent, making legal assistance particularly valuable.

It is possible to file a petition for multiple convictions at once, but they must all be filed within a one-year window. This “one-bite-at-the-apple” rule means it’s crucial to include all eligible records in your initial filing.

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The Record Expungement Process in Indiana

Filing for expungement involves several precise legal steps. While it’s possible to manage the process yourself, the complexity often makes hiring an Indiana expungement attorney a wise decision.

1. Gather Your Records: The first step is to obtain your complete criminal history to identify all eligible convictions.

2. Prepare the Petition: You must draft a formal petition for each county where you have a conviction. These expungement forms must be filled out accurately and include all necessary information, such as case numbers and dates.

3. File the Petition: The completed petition is filed with the clerk of the court in the appropriate county. You must also serve a copy of the petition to the local prosecutor.

4. Await the Court’s Decision: For less serious offenses, the court may grant the expungement without a hearing if the prosecutor does not object within 30 days. For more serious felonies, a hearing is usually required where a judge will decide whether to grant the petition.

5. Receive the Order: If your petition is successful, the court will issue an order to seal your record. This order is sent to state agencies, directing them to restrict access to your expunged conviction.

Potential Challenges and Why You Might Be Denied

Expungement is not guaranteed. A petition can be denied if you do not meet the expungement requirements, such as failing to complete the waiting period or having a new conviction. The prosecutor may also object, arguing that you have not been law-abiding or that the nature of your offense warrants keeping the record public.

If your petition is denied, you may have to wait three years before you can refile. An attorney can help you understand the reason for the denial and prepare a stronger case for your next attempt.

RECAP

Navigating the record expungement process in Indiana can be challenging, but the benefits are life-changing. A clean slate can open doors to better job opportunities, secure housing, and restore your peace of mind. You don’t have to let a past mistake define your future.

If you are ready to move forward, understanding the law is your first and most important tool. An experienced legal professional can help you confirm your eligibility, manage the paperwork, and represent your interests in court.

Contact our experienced Indiana expungement attorneys for a free consultation to discuss your case and learn how you can benefit from the Second Chance Law. Legal services start as low as $850.

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