Indianapolis Expungement Lawyer
Expungement is a court order in which the county “seals,” or erases, a person’s legal record of arrest or conviction. In the eyes of the law, an expunged record does not exist. Expungement can erase the past and provide a priceless opportunity to live as if an arrest or conviction had never happened. In Indiana, an arrest that does not lead to conviction qualifies for record expungement, as do convictions under Indiana Code Sections 35-38-9-2 through five.
Effective July 1, 2013, the Indiana government permits individuals to seal portions of their criminal records in what citizens call Indiana’s “Second Chance Law.” Successful expungements mean that cases will not show up in criminal background checks, except those law enforcement agencies and the courts conduct. If you’re interested in expunging your criminal record in Indianapolis, contact Banks & Brower for assistance. Although you can represent yourself, retaining an attorney significantly increases your odds of successful record expungement.
Do You Qualify for Record Expungement in Indiana?
In Indiana, you might qualify for expungement if your court case resulted in a not-guilty verdict or case dismissal. You could expunge your arrest record if the arrest did not result in a conviction or if the courts vacated the conviction on an appeal. Individuals with misdemeanor convictions could also qualify for record expungement. After a specific waiting period, someone with a misdemeanor could petition for expungement, as long as there are no other pending charges against the person and he/she has completed the sentence.
How Our Lawyers Can Help with Record Expungement in Indianapolis
After expungement, it can suddenly become much easier to get a new job, qualify for housing, and secure loans. The process of expungement, however, can be long and grueling if you don’t know what you’re doing. Retaining one of our lawyers to handle the process for you can give you the best chance of expungement upon your very first application. Our Indianapolis criminal defense lawyers can take care of the legwork of your request, including tasks such as:
- Prepare your expungement petition draft. There are a number of records you will need to obtain copies of to draft your expungement petition. Records can include a criminal history report, official driver’s record, court documents, and physical addresses. Our attorneys can gather these records and put together an official draft of your petition.
- File the forms within the time limit. To qualify for expungement, you cannot file your paperwork too early. Depending on the type of conviction, you might have to wait one to 10 years to file for expungement. Filing sooner will simply be a waste of time and resources, unless you have a prosecution attorney consent to an earlier period.
- Complete the correct forms. There are several different forms and filing procedures in Indiana according to the type of crime and desired seal or expungement process. Our lawyers will make sure we file the correct forms in a timely manner on your behalf for the most efficient expungement process possible.
An attorney from Banks & Brower can communicate with the prosecuting attorneys on your behalf, petition for expungement according to state rules, and provide the courts with all necessary information and documentation surrounding your case. We can make sure your expungement request falls into the right hands at the right time, optimizing your odds of success. We’ll work with the courts to request early filing, if applicable, to expedite the expungement process. Our criminal defense team will do everything we can to clear your record. To learn more, contact us to request a free consultation.