Tag Archives: Criminal Record Expungement help

Can I Expunge My Pretrial Diversion Records in Indiana?

Posted on by

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.

Indiana Criminal Record Expungement Law Firm 317-636-7514
Indiana Criminal Record Expungement Law Firm 317-636-7514

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!

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

Groups of Individuals Who May Be Eligible for Indiana Expungement

Posted on by

The new Indiana Second Chance laws certainly provide a load of benefits and better opportunities for past offenders. However, not everyone is eligible for criminal record expungement, and perhaps not even for criminal record sealing. Continue reading to learn which groups of individuals with past criminal records may be qualified, as well as, how to get started on your expungement petition.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

Indiana’s Second Chance law (IC §35-38-9)

⚖ Found Not Guilty (IC §35-38-9-1):

So long as you were found “Not Guilty”, or your charges did not result in juvenile adjudication or a conviction, you may be eligible for expungement. Furthermore, if your charges did end up in juvenile adjudication or a conviction, you may still be eligible if your conviction was later vacated on appeal.

⚖ Convicted of a Misdemeanor (IC §35-38-9-2):

If you were convicted of a misdemeanor, or Level 6 felony offense that was ultimately reduced to a misdemeanor, you may be eligible for expungement.

⚖ Convicted of a Felony (IC §35-38-9-3 and §35-38-9-4):

So long as your felony conviction was not for a violent crime, sex crime, murder, human or sexual trafficking, a felony that resulted in serious bodily injury, or any another type of violent crime, you might be eligible for expungement. You are not if you were convicted while a candidate for, or in office as, an elected government official.

⚖ Convicted of a Violent or Sexual Felony (IC §35-38-9-5):

Those convicted of a violent or sexual-related felony may be eligible for expungement depending on various specific factors. Talk to a criminal defense lawyer to learn your eligibility as a past offender convicted of a violent or sexual felony. You are not eligible if you are a sex offender, or convicted of a violent crime, such as murder, human or sexual trafficking, a felony that resulted in serious bodily injury, and more. Furthermore, you are not eligible if you were convicted while a candidate for, or in office as, an elected official.

How to Start Your Expungement Petition

Criminal Record Expungement 317-636-7514

Call our Indianapolis criminal defense law firm 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! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Take advantage of this opportunity and get your criminal record expunged this year!