Seal Your Criminal Record And Move On With Your Life
Indiana’s expungement law allows you to permanently seal your criminal record to the general public, limiting access to government and law enforcement officials. A criminal record creates roadblocks to employment, housing and other opportunities; expungement removes those roadblocks. Once your record is expunged, it’s as if your conviction never happened. Your past mistakes will no longer affect your future opportunities.
The Benefits Of Getting Your Record Expunged
With the exception of certain sex offenses and crimes involving acts of violence, most felonies and misdemeanors can be expunged if you have no pending criminal charges. In section 10 (e) of the Indiana expungement law, it states that “A person whose record is expunged shall be treated as if the person had never been convicted of the offense.”
After your crimes are expunged, it is illegal for anyone to discriminate against you based on a past conviction. This includes employment, housing, professional licenses and any other type of permit or certificate.
Waiting Periods For Filing An Expungement Petition
Indiana law dictates waiting periods for application based on the level of your crime. In general, the more serious the crime, the longer you must wait to file. The following are Indiana‘s conviction-based waiting periods for filing for expungement:
- An arrest with no conviction: One year from the date of arrest
- Misdemeanors: Five years from the date of conviction
- Class D or Level 6 felonies: Eight years from the date of conviction
- Nonviolent and non-sex offender felonies: Either eight years from the date of conviction or three years from the prison release date, whichever date is later
- Felonies including those involving acts of violence: Either 10 years from the date of conviction or five years from the prison release date, whichever date is later
The waiting periods listed above only apply if you have not been convicted of another crime during the intervening time frame. You can also appeal to the prosecuting attorney for earlier eligibility when there are mitigating circumstances such as providing for children or employment opportunities.
The Importance Of Consulting With An Experienced Expungement Lawyer
There are several conditions that must be met before submitting your application such as paying all fines and court costs associated with your conviction. The courts are also very specific about how applications are prepared and submitted. If your application is denied for any reason, there are restrictions and limitations on reapplying.
At Ziliak Law Office, we can verify that you qualify, collect all of the required documents and help you fill out your petition. We can also represent you in court, and if your expungement is granted we can distribute the notice of your expungement to all of the relevant state agencies.