The concept of a second chance is powerful and personal. In Indiana, expungement laws offer just that—a second chance to those who have been convicted of certain crimes.
Expungement allows individuals to have their criminal records sealed, making them inaccessible through normal means and opening up new opportunities in life.
What is Expungement? Expungement in Indiana refers to the process of sealing criminal records so that they do not appear in standard background checks. This does not erase the record, but it makes it significantly less accessible, helping individuals avoid the long-term consequences of having a criminal history.
Eligibility Criteria: To be eligible for expungement in Indiana, applicants must meet specific criteria which vary depending on the severity of the offense:
Misdemeanors: Most misdemeanors are eligible for expungement five years after the conviction.
Class D/Level 6 Felonies: These can generally be expunged eight years after the conviction or three years after the completion of the sentence, whichever is later.
More Serious Felonies: Eligibility depends on the nature of the crime, with a waiting period of eight to ten years and additional requirements, such as obtaining consent from the prosecutor.
The Process: Applicants must file a petition for expungement in the court where the conviction occurred. This petition should include all relevant documentation and, in some cases, may require a hearing where the individual argues their case for expungement before a judge.
Expungement can be a transformative process, offering individuals the chance to move past old mistakes. However, navigating the complexities of Indiana’s expungement laws can be challenging. Consulting with a knowledgeable attorney can help ensure the best possible outcome and a smoother process. If you’re interested in obtaining an expungement, contact Brinkley Law today at 317-643-1813.
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