If you are wondering How to file for expungement in Indiana, the process includes requesting that official documents be released or removed for public viewing. Everything starts by gathering all the necessary documents, ensuring eligibility, and then filing the petition before the proper court. This will help provide a fresh start and eliminate any obstacles a criminal history might cause. At Banks & Brower, we’re here to assist with every step of this journey.
Call us to schedule a free consultation.
call us: 317-526-4630An Overview of Expungement in Indiana
In Indiana, expungement is the legal process of hiding certain criminal records from public view. It is a legal process that assists the qualified individual in moving out of the stigma of having a criminal history, to move into new opportunities unhindered by past offenses.
What are the Benefits of Expungement?
The benefits of expungement are substantial. It can improve your chances of securing employment, housing, and educational opportunities.
Who is Eligible for Expungement in Indiana?
The eligibility to expunge depends on the offense. Generally, it would include arrests that did not result in convictions, misdemeanors, and certain felony convictions.
Expungement Waiting Periods for Conviction Records
The waiting periods to expunge depend upon the conviction type:
- Arrests that did not lead to convictions: Immediately eligible.
- Misdemeanor convictions: Five years from the date of conviction.
- Felony convictions: Eight years from the date of conviction.
What are the Limits of Expungement?
In as much as expungement offers enormous relief, there are limits to it. To begin with, it does not wipe out the records from private databases and does not guarantee qualification for professional licenses.
What Records Can Be Expunged?
Indiana’s Second Chance Law encompasses a number of records.
These include:
- Arrests do not lead to a conviction.
- Some misdemeanor convictions.
- Class D or Level 6 felonies.
How Many Records Can You Get Expunged?
Indiana law provides for a one-time expungement process. That means you need to file for all eligible records in one petition.
How to File an Indiana Petition for Expungement
Filing for expungement requires attention to detail and following the legal process. Here’s how:
Documents Relevant to an Indiana Petition for Expungement
Gather all supporting documentation. In support of a petition to expunge, the petitioner shall have the burden of proof that:
- The statutory waiting period has expired.
- The arrest of the petitioner was either:
- Not followed by a conviction or juvenile adjudication, or
- Followed by a conviction or adjudication that was vacated on appeal.
- The petitioner is not currently on pretrial diversion or deferral program
- The petitioner does not have a pending charge.
This must be accompanied by documentation, including court records, police reports, and proof of completion of sentence as required by Indiana Code I.C. 35-38-9-9(d). The said documents are crucial in determining one’s eligibility.
Complete the Indiana Petition for Expungement Forms
Forms must be thoroughly and accurately filled out. Make sure you include all the eligible offenses and all information needed to be provided to avoid delays.
Filing the Indiana Petition for Expungement
Submit your petition to the court in the county where the conviction occurred. According to Indiana State Police, the Indiana State Police serves as the central repository for information on criminal history in Indiana. Records contained within an individual’s criminal history file may be expunged or sealed under Indiana law.
Possible Outcomes of an Expungement Request
According to Second Chance Law, if your petition is denied by the judge, you cannot re-file or submit a new petition asking for the same criminal cases to be restricted.
How the Indiana Second Chance Law Works for Criminal Matters
Indiana’s Second Chance Law is a very strong tool for those who qualify for it. Knowing what you need from it will help you utilize this chance given to you.
Determine Your Eligibility for Record Expungement
Check the eligibility under Indiana Code IC 35-38-9. It is based on the type and age of the offense as the source.
Satisfy All Terms of Your Sentence
File after completely serving the sentencing terms; this also includes probation, restitution, and court-mandated programs.
Submit a Petition for Expungement
The filing should be done with proper procedures and include all the supporting documents sent to the courts.
Why is Indiana Expungement Important?
Expungement provides you with a chance to take back your life. You will be able to move forward and build a more positive future for yourself and your loved ones without the obstacles a criminal conviction has built around you.
Ready to Take the Next Step?
Here at Banks & Brower, we are dedicated to confidently guiding Indianapolis residents through the expungement process. Contact us today at (317) 870-0019 to schedule a consultation and take the first step toward a clean slate!
