Indiana Expungement Attorneys

Expungement Attorney in Elkhart, Indiana

We promise to have your conviction expunged or your money back!
 
Do not let your criminal history haunt you. Allow a Wilson & Kinsman LLP Indiana expungement attorney to assist you in cleaning up your record. Expungement allows you to officially seal your records, eliminating unwanted obstacles from your life. Additionally, Wilson & Kinsman LLP provides a money-back guarantee on expungement services, which is a win-win situation for you.
 
To find out how our legal team can assist you, call 574-564-5129

What A Wilson & Kinsman Expungement Attorney Can Do

An arrest, charge, or conviction may make it difficult to get employment, housing, or loans; buy or carry a weapon, or otherwise enhance your life. Your criminal past, on the other hand, does not have to define or restrict you. Indiana expungement legislation enables you to clear your record so you may go on with your life and accomplish your objectives. Learn how an Elkhart, Indiana expungement lawyer from Wilson & Kinsman LLP may assist you.

Why Is It Necessary to Expunge Indiana Records?

Even though your criminal case is long behind you, your record may not be. Prior arrests, charges, and convictions may continue to affect your life in several ways:

  • Application forms for jobs
  • Child custody issues
  • Driver’s license
  • Professional certification
  • Online state and local records
  • Concerns about immigration
  • Your right to keep and bear firearms

While you cannot alter the past, with the assistance of an Indiana expungement attorney, you may be able to modify the record of it.

What exactly is expungement?

The legal procedure of sealing your criminal history records is known as expungement. Previously, prospective employers, landlords, judges, and licensing agencies may ask you about your criminal record or get access to it via sources such as the state’s online case history portal. However, after your criminal record has been expunged, you are under no legal duty to inform them about the criminal arrests, charges, or convictions that are included in your expungement order. A successful petition for expungement may clear your record and offer you a second opportunity without the burden of your past.

In Indiana, may a record be expunged?

For misdemeanor convictions at least five years old, Class D or Level 6 felonies at least eight years old, and felonies reduced to misdemeanor convictions, expungement in Indiana may legally seal your criminal records of arrests or convictions following completion of your term. The procedure seals your criminal records for a variety of reasons. Even if these conditions are fulfilled, the court may or may not approve the request to expunge significant felony conviction records.
 
The Indiana General Assembly revised the Indiana Criminal Code in 2013, including significant modifications to the rules governing expungements. You are not permitted to be discriminated against under the law. Any conviction for a criminal crime that qualifies for expungement may be sealed with the assistance of an attorney. This record sealing may help you reclaim your life by allowing you to deny the existence of any criminal record legally.
 
The conviction or arrest will not show on background checks for employers. If your record has been sealed, you are not required to reveal a previous conviction on an application for employment, educational opportunities, or loans. There are many advantages to expungement, and the Indiana expungement attorneys at Wilson & Kinsman LLP will assist you in understanding the procedure as it relates to your specific case.

In Indiana, what kind of records may be expunged?

The legislation in Indiana provides for the expungement or sealing of arrests that did not result in a conviction, certain felony convictions that are at least eight years old, misdemeanor convictions that are at least five years old, and more. Under Indiana expungement legislation, the following records may be sealed:

  • Arrests
  • Criminal charges
  • Delinquency adjudications
  • Criminal convictions
  • Trial court records
  • Appellate court records
  • Forfeiture records
  • Post-conviction relief records

Each county in which an arrest, charge, juvenile adjudication, or conviction occurred requires a separate petition for expungement, and all applications submitted in a single county must be consolidated.
 
Notably, expungement is a one-time process; in Indiana, you may only seek expungement once. Your petition must include a list of any records you want to have expunged. If you’re going to delete records in several counties, you must submit an expungement petition in each county where the records are located, and you must do so within one year.
 
Given these limitations and the complexities of Indiana expungement law, it is critical to work with an experienced Indiana expungement attorney to ensure your request covers the entirety of your criminal history, complies with all applicable Indiana Rules of Trial Procedure, and is filed timely and adequately.

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Adult Charges, Arrests, and Convictions Expungement

  1. The following information is used to evaluate your eligibility for expungement of your adult criminal record:

    • The record’s makeup (arrest, charge, or conviction)
    • The severity of the crime and its nature
    • The time after your arrest, charge, or sentence that you want to have expunged
    • Other petitioner’s attributes

Arrests, Charges, and Juvenile Records Expungement

In Indiana, arrests, dropped charges, and juvenile delinquency records are expungable, although this is not a specific process. For instance, arrest records are not immediately expunged if no charges are brought or if they are dropped, and juvenile records are not automatically expunged when the offender reaches the age of 18. Nevertheless, if you satisfy all of the following requirements, you may petition for expungement:

  • The arrest or charge did not result in a conviction or adjudication of juvenile delinquency. 
  • The arrest resulted in a conviction or adjudication of juvenile delinquency that was reversed on appeal.
  • You are not enrolled in a pretrial diversion program at the moment.
  • You are at least one year removed from the date of your arrest.
  • You have not been convicted in the year before your petition for expungement.
  • You are not presently facing any criminal charges.
  • You have successfully fulfilled all criteria of the diversion program.

If all of the criteria for expungement are satisfied, the court must approve your request to erase the specified records of your arrests, charges, or adjudications for juvenile delinquency.

Expungement of Misdemeanors and Felonies Reduced to Misdemeanors

A misdemeanor, a D felony or a Level 6 felony, or a D felony/Level 6 felony that has been reduced to a misdemeanor may be expunged if the following criteria are met:

  • Five years or more have elapsed since the conviction date.
  • You have not been convicted of a crime in the five years before your expungement request.
  • Currently, you are not facing any criminal accusations.
  • You have complied with all applicable fines, fees, court expenses, and restitution orders.
  • You have compensated the filing cost for expungement.

If these criteria are satisfied, the court must approve the petition to expunge misdemeanor conviction records.

D and Level 6 Felonies Expungement

To be eligible for expungement of a D felony or a Level 6 felony that has not been reduced to a misdemeanor, the following criteria must be met:

  • Your conviction occurred at least eight years ago.
  • You have not been convicted of a crime in the eight years before your expungement petition.
  • Currently, you are not facing any criminal accusations.
  • You have complied with all applicable fines, fees, court expenses, and restitution orders.
  • You have compensated the filing cost for expungement.

If these criteria are satisfied, the court must approve the petition to expunge misdemeanor conviction records.

Major Felonies Expungement

To be eligible for expungement of severe felony convictions, you must satisfy additional and more stringent requirements than those for expungement of lesser crimes. Major felonies include felonies classified as C or above under the previous sentencing system and felonies classified as Level 5 or higher under the current felony-level classification scheme. The following criteria must be met:

  • Eight years or more have gone since your conviction or three years or more have passed after your sentence was completed, whichever is later.
  • You have not been convicted of a crime in the eight years before your expungement petition.
  • Currently, you are not facing any criminal accusations.
  • You have complied with all applicable fines, fees, court expenses, and restitution orders.
  • You have compensated the filing cost for expungement.

The Prosecutor Must Approve The Expungement of Serious Felonies

When petitioning for expungement of severe felonies, a new criterion is added: prosecutor approval. This category includes the following offenses:

  • Offenses that result in another person suffering a severe physical harm
  • Offenses obtained while holding an elected public position or while running for election to a public office

Expungement is not possible for the following crimes under any circumstances:

  • Under Indiana Code 11-8-8-5, a sexual or violent offender
  • Under Indiana Code 35-44.1-1-1, official misconduct exists.
  • Homicide and  voluntary or involuntary manslaughter
  • A person convicted of two or more crimes involving the use of a lethal weapon committed independently of one another.

Individuals seeking expungement of qualifying severe felonies must satisfy the following requirements:

  • Ten years or more have gone since your most recent conviction or five years or more have elapsed after your sentence was completed, whichever is later
  • You have not been convicted of a crime in the ten years preceding your expungement request.
  • Currently, you are not facing any criminal accusations.
  • You have complied with all applicable fines, fees, court expenses, and restitution orders.
  • You have compensated the filing cost for expungement.
  • Acceptance of expungement by the prosecutor

As with significant felony expungement, the court may or may not approve the petition to expunge these severe criminal conviction records.

What Can and Cannot Be Obtained Through Expungement

Sealing your criminal records safeguards you from prejudice based on previous transgressions. Expunged records are not accessible via public records databases, and a potential employer is not permitted to inquire about your last arrest or criminal history.
 
The Indiana General Assembly has amended the state’s criminal code’s expungement laws. These changes have altered the meaning of the term “expunge Indiana records.” At the moment, effective expungement restricts the majority of access to criminal records. It seals them from everyone except those with a court order or a law enforcement officer working in the line of duty. What becomes to records that have been expunged?

  1. Seals are applied to expunged arrest records where an arrest results in a subsequent or collateral action. The court documents relating to that case will also be redacted to conceal the individual’s identity.
  2. The following applies to expunged misdemeanor records and D Level or Level 6 felony records:
  • The Indiana Department of Correction, the Indiana Bureau of Motor Vehicles, and any law enforcement agency or anyone who jailed, prosecuted, or provided treatment or assistance to a person according to a court order are prohibited from disclosing the person’s records or information.
  • The state repository for criminal history records must be directed to seal expunged records, including those relating to any collateral action, such as a civil forfeiture proceeding.
  1. Expungement of records for major felonies and severe felonies is handled differently. These documents, including those relating to collateral actions, remain public records but are marked “expunged.” The Indiana State Police, the Bureau of Motor Vehicles, and any other law enforcement agency with records relating to an arrest, charge, or conviction for a significant or severe felony (equal to or greater than a C felony or a Level 5 felony) must include a notation in their records that the case has been expunged.

Except under rare circumstances, expungement does not result in the deletion of expunged records. Expunged criminal records may still be prohibited from law police, government authorities, and others that perform background checks.

Wilson & Kinsman LLP: A Money-Back Guaranteed Indiana Expungement Attorney

Wilson & Kinsman LLP’s Indiana criminal defense attorneys help clients regularly determine their eligibility for expungement and guide them through the proceedings. We can assist you with all facets of the expungement procedure, including the following:

  • Verification of your eligibility for expungement
  • Compilation of case files
  • Conducting a background check
  • Compilation of any further court papers that may be required
  • Expungement petitions preparation
  • In court advocacy on your behalf
  • Notification of state authorities about your expungement

As Indiana expungement and record sealing lawyers, we are so confident in the services that we provide a no-risk, 100% money-back guarantee on the infraction, misdemeanor, and felony expungement. In other words, if we fail in having your conviction expunged, you are not required to compensate us in any way!

Why would you want to pay for legal representation that does not result in the desired outcome? Our Indianapolis criminal defense lawyers take pleasure in achieving favorable outcomes for our clients since we believe that you should only pay us if we complete the task.

Contact the Expungement and Record Sealing Attorneys at Wilson & Kinsman LLP in Indiana

A criminal record, even an arrest record, may follow you for the remainder of your years. It has the potential to disqualify you from particular employment, weapons permits, and other privileges, as well as damage your reputation. Additionally, as our world becomes more linked, anybody with an Internet connection and knowledge of where to search may discover your criminal past. How come they are allowed? And why should you be held back by your criminal history?
 
Act now! To establish your eligibility for expungement and the permanent sealing of your criminal records, you must contact an Indiana expungement attorney from our team. We are prepared to offer our clients dependable counsel and precise information on their filing eligibility. Our law firm can assist you in resolving any record sealing concerns you may have and obtain a positive outcome in your case.
 
Don’t postpone the start of your second opportunity. For assistance establishing your eligibility for an expungement or to begin the process, contact an Indiana expungement attorney at Wilson & Kinsman LLP. You may reach us by dialing 574-564-5129 or using our online contact form to arrange a consultation.

Testimonials

Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno