Expungement—Second Chances in Indiana
Do you have an arrest, case dismissal, or criminal conviction following you around from your past? Indiana’s Second Chance Act passed in 2011, found in Indiana Code § 35-39-9, provides an avenue for relief by sealing criminal records.
What is an expungement?
Expungement is the process of sealing a criminal record by filing a petition with the court. When granted, the criminal record will be hidden from public access and only be accessible by government agencies under certain circumstances.
Why file for an expungement?
Expunged convictions or arrests will not appear in background checks which may benefit you in access to jobs, housing, credit, licensing, and more. You will no longer need to disclose your arrest or convictions on applications for employers and lenders. In some circumstances, an expungement can provide an opportunity to restore voting rights, and gun rights that were lost due to criminal convictions.
How does expungement work?
An expungement petition is filed in every county where you have a conviction or arrest record. All arrests without charges or case dismissals can be expunged as many times as you need. However, criminal conviction petitions can only be filed once in your lifetime so it is important to include all charges you may have to prevent losing the ability to expunge.
Who qualifies for expungement?
There are (5) general categories of expungement based on the severity of the crime:
(1) Arrests with charges not filed, charges dismissed, acquittals, and completed diversion programs can be expunged (1) year after the date of arrest or dismissal.
(2) Misdemeanors, including Class D felony or Level 6 felony charges reduced to misdemeanors, are eligible for expungement (5) years from the date of the most recent conviction.
(3) Class D felony or Level 6 felony charges are eligible for expungement (8) years from the date of the most recent conviction.
(4) Certain less serious Class A-D felony or Level 1-6 felony charges are eligible for expungement (8) years from the date of the most recent conviction or (3) years from completion of sentence including probation. Criminal charges in this category are discretionary for the court to grant.
(5) Serious Class A-D felony or Level 1-6 felony charges are eligible for expungement (10) years from the most recent conviction or (5) years from the completion of sentence including probation. Criminal charges in this category are discretionary for the court to grant and require prosecutor consent.
All categories require no currently pending charges and fines and fees to be paid. All categories could qualify for early expungement if the prosecutor consents in writing. There are certain felonies that are never eligible for expungements such as homicide, sex crimes, and some other violent offenses.
How much does an expungement cost?
Costs associated with filing for expungement may include a filing fee, costs of outstanding fees or fines on your cases, and attorney fees. Contact Manning Law Office at (317) 809-0548 or via e-mail at lisamanninglaw@gmail.com to discuss your eligibility and costs for filing your expungement today. Consultations are always free.