Why It’s Important to Expunge Indiana Records
Even if your criminal case is in the distant past, your record may not be. Your prior arrests, charges, and convictions can continue to impact your life in a variety of ways:
- Job applications
- Child custody matters
- Driving privileges
- Professional licensure
- State and local online records
- Immigration matters
- Your right to own a firearm
While you cannot change the past, you may be able to change the record of it with the help of an Indiana expungement attorney.
Indiana Expungement Law
In 2013 the Indiana Legislature enacted Indiana's Second Chance Act allowing individuals who met certain criteria to seal their criminal records. Indiana's expungement law has been revised multiple times since it was enacted, and anyone considering an expungement should speak with a qualified attorney. It is important to remember that Indiana law allows a person to file only one expungement petition in their lifetime.
Arrest Records
I.C. 35-38-9-1
When someone is arrested, that person likely has a criminal record even if the charges were dismissed or he or she was found not guilty.
An individual with an arrest record may be eligible for an expungement one (1) year after the arrest if that arrest did not result in a conviction. Following the court granting the expungement, the records of the arrest will be permanently sealed. There is no filing fee for expungement petitions filed under this section of the Indiana Code
Misdemeanors
I.C. 35-38-9-2
An individual convicted of a misdemeanor or a Class D / Level 6 felony reduced to a misdemeanor, may be eligible for an expungement five (5) years from the date of the conviction unless the county Prosecutor has consented in writing to an early filing. Must have paid all fines, fees, restitution, and court costs. A filing fee is required.
Class D and Level 6 Felonies
I.C. 35-38-9-3
An individual convicted of a Class D or Level 6 felony may be eligible for expungement eight (8) years from the date of the conviction unless the county Prosecutor has consented in writing to an early filing. Must have paid all fines, fees, restitution, and court costs. A filing fee is required.
Schedule a Case Consultation
The attorneys at O’Donnell Law Group routinely assist clients with evaluating their eligibility for expungement and see the expungement process through to completion. We can help you with all aspects of the expungement process:
- Confirming that you qualify for an expungement
- Gathering your case records
- Researching your criminal history
- Gathering any other necessary court documents
- Preparing your expungement petition
- Arguing on your behalf in court
- Distributing notice of your expungement to state agencies
To determine your eligibility to file for expungement and permanently seal your criminal records, contact the attorneys at O’Donnell Law Group today.