Clear Your Record, Open Doors: Indiana Expungement Law

You might be reading this because you are currently searching for an Indiana expungement attorney. You are on the right website! In getting a fresh start, you have to deal with the complicated process of Indiana expungement laws. Indiana law lets you clean up your past. Ever done something you regret that now shows up on a background check? Expungement can help!  

This process gets rid of certain arrests or convictions from official records. It’s like hitting a giant “erase” button on your past mistakes.  Why is this important in Indiana? Because a clean record can open doors to new jobs, apartments, and even loans.  With expungement, you have a better shot at moving forward with a fresh start.

Short Summary

  • Indiana expungement law under Indiana Code 35-38-9 allows you to seal certain arrests and convictions from your record. This can give you a fresh start and improve your chances of getting a job, renting an apartment, and more.
  • Not all crimes are eligible for expungement. Serious crimes, certain crimes by public officials, and some violent crimes cannot be erased.
  • There are waiting periods to file for expungement. The waiting period depends on the severity of the crime.
  • Once your record is expunged, it will be hidden from most people, including potential employers and landlords. 

In this article, we will uncover the important points of Indiana expungement law. 

Ultimate Guide to Clearing Your Record: What is Expungement?

Ever done something you regret that now shows up on a background check? In Indiana, expungement can help!  Expungement is a court order that hides your arrest or conviction from most people. This is a big deal because a clean record can open doors to new jobs, apartments, and even loans.

Here’s what Indiana’s law allows:

  • If you were arrested but never convicted, you can likely get that arrest sealed.
  • You can also seal certain convictions under Indiana law.

Why is this important? With a sealed record, it’s like it never even happened (except for law enforcement and the courts). This fresh start can help you move forward with your life.

Why is Expungement the Key to Your Brighter Future?

Even if something bad happened a long time ago in Indiana, it can still cause problems today. Here’s how:

  • Jobs: Landlords and employers might not hire you if they see an arrest or conviction on your record, even from way back.
  • Home and Family: It could be harder to rent an apartment or get custody of your kids.
  • Driving: You might have trouble getting a driver’s license.
  • Loans and Licenses: Banks might not give you a loan, and some professions might not let you join.
  • Immigration: It could affect your chances of staying in the U.S.
  • Guns: You might not be able to own a gun.

 

That’s why Indiana’s Second Chance Law ( Indiana Code 35-38-9) is so important. It can help erase these problems and give you a fresh start!

 

What Offenses Are Not Eligible for Record Erasure?

Expungement can’t erase everything. Here’s what won’t be eligible:

  • Serious crimes that involve death and a conviction under Indiana Code 11-8-8-5 are not entitled to expungement. This includes things like murder, rape, or hurting kids.
  • Certain crimes by officials: If you misuse your power as a police officer or teacher, expungement won’t work.
  • Some violent crimes: Using a weapon in multiple felonies also can’t be erased.

The good news? Expungement can also erase other mistakes, including many drug, alcohol, and theft charges!  This is why Indiana’s Second Chance Law is so important. It can give you a fresh start.

Can Expungement Do It All?

Indiana’s Second Chance Law lets you seal your record (expungement) and move forward without your past mistakes holding you back. With an expungement, landlords, and employers won’t be able to see your old arrest or conviction on a background check. This means they can’t make decisions about your job or apartment based on something that happened a long time ago. 

The law in Indiana recently got even better! Now, once your record is sealed, almost nobody can see it. The only exceptions are judges who need it for a court case or police officers investigating a crime. 

  • Once your arrest is erased (expunged), it’s like it never happened. Your record is hidden away, sealed by the court.  Even if there were other court documents connected to the arrest, those will also be hidden.  They’ll take your name out so nobody can see it was you.
  • With Indiana’s Second Chance Law, if your record gets sealed (expungement) for certain misdemeanors or lesser felonies:
  • The government can’t share your information anymore. This includes prisons, the BMV, and the police.
  • Nobody who worked on your case can release any details either.
  • Even the big database that stores everyone’s criminal history will keep your record hidden. This includes any other court documents connected to the arrest, like a money penalty case.
  • Indiana’s Second Chance Law, Indiana Code 35-38-9, can help erase certain mistakes from your record. But it’s important to know how expungement works for different crimes.  For most misdemeanors and lesser felonies, if your record gets sealed (expungement), the government, police, and even people who worked on your case can’t share your information anymore. 
  • For serious crimes not covered under Indiana Code 11-8-8-5, the expungement process works a little differently.Your record won’t be completely hidden, but it will be marked as “expunged.” This means police and the BMV will still see the arrest, charge, or conviction, but they’ll know it’s been expunged.  We’ll cover more about what this means in a later section.

Can I Expunge an Arrest Multiple Times?

Indiana’s Second Chance Law lets you clean your record, but there’s a catch! You only get one shot for convictions.  That’s why it’s super important to get everything right when you file. Here’s what you need to know:

  • Do your homework first: Make sure you include all your mistakes (convictions) in your petition. You only get one shot at this!
  • Find all your mistakes: Run a background check online with the Indiana State Police for a small fee (around $160-$180) to make sure you don’t miss anything.
  • There’s a filing fee: Each county charges a fee to file for expungement.

Good news! This rule about one shot only applies to convictions. You can try to erase arrests as many times as you need to, as long as you weren’t convicted.  And there’s no fee to erase just an arrest!

Erase Your Past: Discover How an Indiana Expungement Attorney Can Transform Your Future!

Thinking about erasing your Indiana record? An expungement attorney can help!  They know the ins and outs of the process and can:

  • Check if you qualify: Not everyone can get their record sealed. A lawyer can make sure expungement is right for you.
  • Collect everything you need: They’ll gather court documents and other things to help your case.
  • Do the paperwork: Lawyers can prepare the official request to seal your record.
  • Speak for you in court (if needed): In some cases, a lawyer can argue your case in court.
  • Tell everyone your record is sealed: They’ll let the right government offices know.

 

Because expungement is complicated, and you want someone who knows how to do it right.  This way, you have a better shot at getting a fresh start!

How Soon Can I File for Expungement?

Indiana’s Second Chance Law lets you erase mistakes from your record, but there’s a waiting period. Here’s how long you need to wait to file for expungement:

  • Just an arrest: If you were never convicted, you can try to erase your arrest after 1 year.
  • Minor crimes: This includes misdemeanors and lesser felonies (D Felony). You’ll need to wait 5 years from the date you were convicted.
  • Serious crimes: Felonies classified as A, B, or C. The wait is longer: 8 years from your conviction or 3 years after you finish your sentence and meet the expungement eligibility requirement, whichever takes longer.

 

Don’t Wait! Transform Your Future with Indiana Expungement Attorney Today!

Is hiring an Indiana expungement attorney important? The short answer is yes. Indiana’s Second Chance Law is a powerful tool for a fresh start, but navigating the legal landscape on your own can be risky. 

If you are still searching for the right Indiana expungement attorney, look no further than Wilson & Kinsman LLC. Our Indiana law firm has been helping people for over 50 years. We help them build a better future for themselves and their families. Other than criminal defense, we also handle personal injury matters. Get an initial consultation today!

 

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