Erasing a Criminal Conviction or Arrest Under Indiana’s Second Chance Law
This Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at expunging your criminal history. Expunging a criminal conviction is essentially the equivalent to taking an eraser to the history of your conviction. So, if you had youthful criminal conviction or a lapse in judgment that resulted in a DUI conviction, then you should consider taking advantage of the new law by hiring an Indiana Expungement Attorney. The attorneys of Banks & Brower have successfully helped hundreds of people to clean up their criminal history.
Sealing a Prior Arrest:
Indiana has changed the way in which a person can seal access to their arrest that did not end in a conviction. If you were arrested, but never convicted of the crime you were charged with, you can seal access to that arrest as long as 1 year has passed since you were arrested. So, for example, if you were arrested in July 2012 for possession of marijuana and the case was dismissed because you successfully completed a diversion, then you can petition the Court to seal the record of that arrest. Then, prospective employers or anyone else doing a background check will not know you were ever arrested. Additionally, once you have sealed your arrest, you may lawfully inform people that you were never arrested if asked on a job application or in some other setting.
Expunging a Misdemeanor or D Felony/Level 6 Felony Reduced to a Misdemeanor Conviction:
So you weren’t so lucky as to get your case dismissed? Don’t fret, the new law gives you a remedy to have your misdemeanor conviction expunged from your record. You may petition the Court for an expungement 1 time in your life and that one petition can address more than 1 conviction. For a misdemeanor or D Felony/Level 6 Felony reduced to a misdemeanor petition to be filed, at least 5 years must have passed from the date of the conviction. Additionally, the Court must find the following:
1) there are no current criminal charges pending;
2) there is no existing or pending driver’s license suspension;
3) the petitioner successfully completed all terms of the sentence that is the basis of the petition;
4) the person has not been convicted of any other crimes in the previous 5 years;
If you meet all of the above, you can have your misdemeanor conviction expunged.
Expunging all other Felony Convictions:
If you were convicted of a higher level felony, all hope is not lost, you may still qualify for an expungement. The following are the rules for filing on higher level felonies:
1) at least 8 years from the conviction must have passed;
2) you must not have had any other convictions in the past 8 years;
3) your drivers license must not be under suspension or have a pending suspension;
4) you must not have a pending charge;
5) you must not be an elected official convicted during your term of office;
6) your crime cannot be one resulting in bodily injury to another;
7) your crime cannot be a sex crime or a violent offender crime;
8) your crime cannot be official misconduct or perjury;
9) your crime cannot be homicide or human trafficking
If you meet all of the qualifications (you likely will need a lawyer to help you determine if you qualify) then you can petition the Court and the Court may grant you an expungement. If you are an elected official and meet all of the criteria above, then you must wait 10 years after the conviction and your expungement may only be granted if you have the consent of the prosecutor.
As you can see the law may very well allow you to seal or expunge a prior indiscretion that may be tainting your otherwise squeaky clean record. If you are interested in learning more about expunging or sealing your record, call the Indianapolis Criminal Defense Attorneys at Banks & Brower today and they will help guide you through the process. Give us a call at 317-870-0019.