are dismissals automatically expunged in indiana

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Are There Crimes That Can’t Be Expunged Off My Record in Indiana?

Simply put, yes!!! While most people have heard of Indiana’s Second Chance Law, which allows you to expunge convictions and arrests, sadly, a lot of people have no clue that there are quite a few exceptions to the rule. Below is a concise list of the crimes and/or scenarios that do NOT qualify for expungement. If you or a loved one are looking at getting a record expunged, contact the experienced Expungement Attorneys at Banks &…

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Should my Criminal Case be Dismissed if it is Over a Year Old?

As a general rule, the State has one year from the date charges are filed, or from the date an arrest is made (whichever is later) to bring someone to trial.  Rule 4 of Indiana Criminal Procedure specifies circumstances in which individuals can be released from custody and how their cases can be dismissed when a prolonged delay is attributable to the State.  Subsection (A) of Rule 4 addresses defendants in jail specifically.  This portion…

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Expunging DCS and CHINs Cases in Indiana

Expunging DCS and CHINs cases Under Indiana law, it is not just regular misdemeanor and felony cases that can be expunged and hidden (or in some cases removed) from you record. You can also remove DCS substantiated or unsubstantiated reports of abuse and Child in Need of Services (CHINs) cases from your record. While these two types of reports and cases may not seem to have an immediate effect on you after the matter is…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.