Let Us Help You Move Forward From The Past
Indiana crimes not only have the potential for incarceration, fines, and other court-ordered penalties but they have “collateral” damage as well in terms of a permanent criminal record. This record may contain an arrest, charge, or a conviction that can put your future at risk in a variety of ways. You may have trouble finding a job or being approved to rent an apartment. Other disadvantages can also arise. However, through the process of expungement, you can legally overcome the barrier of a criminal record and get your life moving in a much more positive direction.
At The Region Lawyers, we help to remove the roadblock of a criminal history and put the past where it belongs, in the past. We are well-versed in the laws and procedures pertaining to expungement and can provide the competent representation you need if you qualify to have your criminal record sealed. Our goal is to help you move forward in life and attain your goals without the stigma and obstacles attached to a permanent criminal record.
Looking to expunge your criminal record? Arrange for a free consultation with a Gary, Indiana, expungement attorney online or at 219-961-3814 .
Expungement In Indiana
A criminal record, even for arrests, charges, or convictions that occurred many years ago, can still haunt you in the present. It can present difficulties on applications and in interviews for jobs, housing, educational aid, and make you ineligible for professional licenses. It can also impact child custody matters, immigration issues, and your gun rights. The process of expungement seals your criminal history so that it can no longer be accessed by others through a routine background check. This means you will not have to answers questions about it nor will you be under any obligation to divulge it. It may still be accessed, however, by law enforcement.
With the advent of new Indiana law effective in 2016, the expungement of past records has been expanded. However, eligibility requirements apply to expungement of all of these various records.
Currently, the following may be available for expungement:
- Criminal arrests
- Criminal charges
- Criminal convictions
- Juvenile court adjudications
- Protective orders in which you were named as the offender
- Specialized driving privileges records and information (such as restricted licensing after suspensions)
- Civil forfeiture records as part of a criminal case
- Trial court records
- Records of appeals from appellate courts
- Post-conviction relief records
The expungement process starts with a petition to the court. Separate petitions must be filed in each county where you are seeking this relief. All petitions must be filed within a one-year period. This can be a complex process involving various restrictions, so it is highly advised that you work with an attorney who is up-to-date on the law. For example, waiting periods generally apply along with other restrictions regarding weapons, sex offenses, the payment of all fines, court costs, and restitution, and more. Differing eligibility requirements apply to adult records, juvenile records, misdemeanors and low-level felonies that were reduced to misdemeanors, D felonies and Level 6 felonies, major felonies, and for felonies that require the approval of the prosecutor.
What Does The Expungement Process Look Like In Indiana?
Here is a breakdown of each step:
- Discover if you qualify: Make sure your criminal offense is eligible for expungement. Typically, you can pursue expungement in Indiana if police arrested you, but never officially convicted; or, your conviction was only a misdemeanor and it’s been five years since the incident. There can be other scenarios besides these where you may be eligible for expungement. We can help you determine if your situation qualifies.
- Serve out your sentence: Before seeking expungement, ensure you’ve satisfied your sentencing agreement’s conditions. Those can include jail time, community service, paying fines and attending treatment programs.
- Apply for expungement: You can officially apply once you verify your expungement eligibility and complete your sentencing. You must complete an expungement application in the county you were convicted in. If your expungement is for a misdemeanor offense, the prosecutor usually reviews your expungement request. Then, you and your attorney are responsible for demonstrating why the state should expunge your criminal record. If your crime was more heinous and a victim was involved, the victim and their families will have a chance to respond to your request.
Qualifying and applying for expungement can be cumbersome and making mistakes along the way can be easy. However, partnering with an experienced and knowledgeable criminal defense attorney can increase your chances of creating a sound and compelling appeal.
Do You Need An Attorney To Expunge Your Criminal Record In Indiana?
You do not technically need an attorney to pursue expungement in Indiana. However, hiring one can be beneficial. A criminal defense attorney will know how to appropriately complete and submit the expungement paperwork and effectively present your case before a criminal appeals judge.
What Crimes Cannot Be Expunged Or Require An Attorney’s Help?
Certain crimes do not qualify for expungement in the Hoosier State. Those include:
- Murder
- Sex crimes
- Repeat criminal offenses involving deadly weapons
There are other crimes you can still pursue expungement for. However, they are often challenging to obtain expungement, such as assault/battery and crimes against animals. If you’re charged with a crime you believe may qualify for expungement, speak with one of our lawyers today by calling 219-961-3814.
How Long Does It Take To Get Expunged In Indiana?
The time it can take for you to get deleted can depend on many factors. For some people, it can take only a few months. For others, it can take years.
Work With An Experienced Attorney
The Region Lawyers can qualify you for expungement under eligibility requirements and, where you are eligible, coordinate all of your documentation to give you the best chance of a successful outcome. You will want to ensure that as much of your criminal history as possible will be included in this effort. We routinely assist clients with the process, starting by reviewing eligibility, gathering all case records, preparing petitions, and presenting cases on behalf of clients in court. Let our experienced team help you move forward with your expungement case today.
Talk to an experienced expungement lawyer in your free case review. Contact us at 219-961-3814 to begin. Based in Merrillville, we work with clients throughout Gary and The Region, as well as throughout Indiana and northern Illinois.