Everyone has a past, and for some, that means criminal records. But just because you have an arrest, charge, or similar non-conviction on your permanent record, it does not make you a delinquent or low-class citizen in any right. That is why Indiana now allows those who qualify to expunge such records, sealing them from public access. Once expunged, the law mandates that a person is to be treated as though the record never existed. When it comes to housing, loans, professional licenses, promotions, career opportunities, and more, this is a highly valuable advantage.
Still, there are several conditions and circumstances that go along with criminal record expungement, all of which will influence your eligibility and what you can and cannot expunge. A common question among expungement petitioners has to do with pretrial diversion programs, also known as pretrial probation .
Continue reading to learn whether or not Indiana permits expungement of such programs.
Pretrial Diversion (PTD)
Pretrial diversion programs are ordered by the court to a defendant facing criminal charges. It is applied as an alternative to a criminal conviction. Generally, this option is only given to first-time misdemeanor offenders and juveniles. After a person completes the program, the charges are dismissed by the state.
However, even though no conviction results, the record still remains on a person’s criminal history since they have to admit to the crime to which they are being charged. This record is available to the public via various portals and resources. For this reason, many people wish to seal pretrial diversion programs in order to better their life.
✨ So yes, pretrial diversion programs may be expunged so long as the petitioner qualifies!
Learn if You Qualify for Expungement
A person can only file for expungement if they were never actually charged with a crime, or, if their charges were later dropped because, 1) their arrest was a result of mistaken identity, 2) they were truly innocent of the allegations made against them, and/or 3) a judge found there was no probable cause or evidence that they committed a crime.
So long as a person meets one or more of the above criteria, and does not have any pending criminal charges against them, their petition should be granted. This of course also depends on whether or not they file correctly. It is important to hire an attorney for help filing all paperwork and meeting all deadlines.
Professional Expungement Services in Indiana
Call our Indianapolis criminal record expungement lawyers at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850!