Expungement

Expungement in Indiana offers individuals an opportunity to have their criminal records sealed, making it easier to seek employment, housing, and other opportunities. However, eligibility and the process depend on various factors.

Eligibility Criteria

Eligibility Criteria

To be eligible for expungement in Indiana, the nature and severity of the offense play a crucial role, along with the time that has elapsed since the arrest or conviction. For less serious offenses, such as arrests without convictions or convictions that were later overturned, individuals may generally seek expungement after one year. During this period, they must meet specific conditions, including:

  • Having no new convictions within the last year
  • Having no pending criminal charges
  • Having paid all fines, fees, and restitution 
  • Successfully completing any required diversion programs or related obligations

If you have met these requirements, you may be eligible to have your record expunged. 

Expungement of Misdemeanors and Minor Felonies

Individuals convicted of misdemeanors or lower-level felonies that have been reduced to misdemeanors are eligible for expungement if at least five years have passed since the date of conviction.

To qualify, the individual must have no new convictions within the last five years and no pending criminal charges at the time of the expungement request. Additionally, all related fines, fees, and restitution must be paid in full, alongside the expungement filing fee.

Expungement of Class D Felonies and Level 6 Felonies

Those seeking to expunge Class D or Level 6 felony convictions may do so if eight or more years have elapsed since the conviction. The individual must not have incurred any new convictions in the eight years leading up to the expungement request. 

The defendant must have no pending criminal charges and must have settled all applicable fines, fees, and restitution. Payment of the expungement filing fee is also mandatory.

Non-Eligible Offenses

Indiana law stipulates certain offenses that cannot be expunged, irrespective of the time elapsed or conditions met. These non-eligible offenses include, but are not limited to:

Additionally, those categorized as sex offenders or violent offenders and individuals with multiple unrelated offenses involving deadly weapons are also barred from seeking expungement.

One-Time Expungement Opportunity in Indiana

In Indiana, you may only seek expungement once. This means you must include all your records in your initial petition for expungement. Failing to do so will result in forfeiting the opportunity to clear any additional charges or convictions later on. 

If you are seeking expungement for charges in multiple counties, you must file a petition for each charge with the respective county within one year.

The Importance of Working With a Criminal Defense Lawyer

Working with an Indianapolis criminal defense lawyer is essential when seeking an expungement in Indiana. Here’s why:

  • Lawyers are well-versed in the specific eligibility requirements for expungement and can determine if your case meets the necessary conditions. 
  • The expungement process can involve complex legal steps and paperwork that require specialized knowledge and experience. 
  • Legal professionals ensure that your rights are protected throughout the process, avoiding common pitfalls and procedural errors. 

Working with a knowledgeable criminal defense lawyer is the first step toward achieving expungement in Indiana.

Benefits of Expungement 

Expungement offers numerous advantages that can significantly impact an individual’s personal and professional life:

  • Improved Employment Opportunities: A clean record increases the chances of securing a job, as many employers conduct background checks and prefer hiring individuals without a criminal history.
  • Enhanced Housing Options: Landlords usually perform background checks, and a clear record can make it easier to obtain rental housing. 
  • Peace of Mind: Expungement provides closure and peace of mind by officially sealing one’s criminal record and protecting it from future public access. 

Overall, expungement can open up new avenues and provide a fresh start free from the burdens of past criminal convictions.

If you’re facing the lasting impact of having a criminal record and wish to put the past behind you, expungement might be an avenue worth exploring. Contact an Indianapolis criminal defense attorney from Suhre & Associates DUI and Criminal Defense Lawyers at (317) 759-2599 for a free consultation.