Life can throw curveballs, and sometimes those curveballs can leave a lasting impact on your record. A criminal record, even for a minor offense, can create significant barriers to employment, housing, and other opportunities. Fortunately, Indiana law offers a path to a fresh start through expungement. At Banks & Brower, we understand the complexities of Indiana’s expungement process and are here to guide you through it.
What is Expungement in Indiana?
Expungement, also known as record sealing, is a legal process that allows individuals to clear certain convictions from their public record. While expungement doesn’t completely erase the record, it effectively hides it from public view, limiting access to potential employers, landlords, and other background check agencies. This second chance can be invaluable in rebuilding your life.
Who is Eligible for Expungement in Indiana?
Indiana’s expungement laws have evolved over time, and eligibility depends on several factors, including:
- The Type of Offense: Not all offenses are eligible for expungement. Generally, misdemeanors and some Class D felonies are eligible. More serious felonies, violent crimes, and sex offenses are typically excluded. It’s crucial to consult with an attorney to determine if your specific offense qualifies.
- Waiting Period: Indiana law mandates specific waiting periods before you can petition for expungement. These periods vary depending on the severity of the offense and can range from several years to a decade or more. Successfully completing probation or parole is often a prerequisite.
- No New Convictions: You must have remained conviction-free during the waiting period. Any new arrests or convictions can disqualify you from expungement.
- Completion of Sentence: You must have fully completed your sentence, including any fines, restitution, and probation.
The Expungement Process in Indiana:
The expungement process can be complex and requires meticulous attention to detail. It typically involves the following steps:
- Consultation with an Attorney: This is a critical first step. An experienced expungement attorney at Banks & Brower can assess your eligibility, explain the process, and help you gather the necessary documentation.
- Filing a Petition: A formal petition must be filed with the court where the original conviction occurred. This petition must include detailed information about your case, including the date of conviction, the specific charge, and proof of completion of your sentence.
- Notice to the Prosecutor: The prosecuting attorney’s office must be notified of your petition. They may object to the expungement if they believe it’s not in the best interest of the public.
- Court Hearing: The court will hold a hearing to consider your petition. Your attorney will present your case and argue why expungement is warranted. The court will ultimately decide whether to grant or deny your petition.
- Sealing of Records: If the court grants your petition, the records will be sealed, making them inaccessible to the public.
Why Choose Banks & Brower for Your Expungement Needs?
Navigating the legal intricacies of expungement can be daunting. At Banks & Brower, we have a proven track record of helping individuals successfully clear their records and move forward with their lives. Our experienced attorneys will:
- Provide personalized guidance: We understand that every case is unique. We’ll take the time to understand your specific situation and tailor our approach accordingly.
- Handle the paperwork: We’ll manage all the necessary paperwork, ensuring that your petition is complete and accurate.
- Represent you in court: We’ll advocate for you at the court hearing, presenting a compelling case for expungement.
- Answer your questions: We’ll be there to answer your questions and address your concerns throughout the process.
Don’t let a past mistake define your future. If you’re ready to explore expungement in Indiana, contact Banks & Brower today for a consultation. We’ll help you determine your eligibility and guide you through the process, giving you the best chance for a fresh start. Call us 24/7 at 317-870-0019 or email info@banksbrower.com.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an experienced attorney to discuss your specific situation and determine your eligibility for expungement. Contact Banks & Brower today to schedule a consultation.
