Indiana Law Blog
Having a criminal record can make life difficult, affecting job opportunities, housing applications, and even personal relationships. Fortunately, Indiana law provides a path for individuals to clear their records through the expungement process. If you have a past conviction or arrest holding you back, here’s what you need to know about getting a fresh start.
What is Expungement?
Expungement is a legal process that allows eligible individuals to have their criminal records sealed or removed from public view. While law enforcement and courts may still have access to expunged records in certain cases, expungement can provide significant relief when applying for jobs, housing, and professional licenses.
Who is Eligible for Expungement in Indiana?
Indiana law outlines specific guidelines for who may qualify for expungement, depending on the type of offense:
- Arrests that did not result in a conviction – Can often be expunged one year after the arrest.
- Misdemeanors – Eligible for expungement five years after the conviction date, if all requirements are met.
- Level 6 felonies – Eligible for expungement eight years after the conviction, provided no further offenses have been committed.
- Serious felonies – Some felonies may be expunged, but offenses such as sex crimes and violent offenses generally do not qualify.
The Expungement Process
The process involves several steps and strict guidelines. Here’s an overview:
- Determine Your Eligibility – Consult with an attorney to ensure your record qualifies for expungement. Conviction and arrest dates, and dates that you finished your incarceration or probation are important. Also, your attorney needs to know if you completed probation without a violation or not.
- Gather Required Documentation – This may include court records, proof of completed probation, and character references. You may need to get a background check from the Indiana State Police.
- File a Petition – A formal petition must be filed in the county (or counties) where the offense (or offenses) occurred.
- Wait for the Court’s Decision – The court may grant or deny the request, sometimes you will need to attend hearing.
- Distribute the Order Granting – There are multiple offices that may need to receive your records to make the expungement effective. Police offices, the BMV, DCS, and other offices may need to be provided the order to make sure the arrest or conviction does not show up.
- Enjoy a Fresh Start – If approved, your record will be sealed from public view, helping you move forward with your life.
Why You Need a Lawyer for Expungement
Expungement is a one-time opportunity, and mistakes in the process can result in permanent ineligibility. If you want to expunge arrests or convictions in more than one county, you need to file ALL petitions within one year of each other. An experienced criminal defense attorney can ensure your petition is filed correctly and maximize your chances of approval.
Take the Next Step Toward a Clean Slate
If you’re ready to leave the past behind, Harshman Ponist Smith & Rayl, LLC can guide you through the expungement process. Contact us today at 317-964-6000 or visit www.hpindiana.law to schedule a consultation.
Your past doesn’t have to define your future—take action today!