Even if you or a loved one has already “done the time,” the record of a criminal conviction will follow that person for their entire life. In fact, even if you or a loved one was found NOT GUILTY of a criminal offense, the arrest and the fact that you were charged are still publicly available records. These records can interfere with a person’s life goals because they can often be found online with very little effort on the part of those who seek them out. Organizations that process loan applications, employment applications, and even college applications may inquire about a person’s criminal background. They can, and often do, use the results of those inquiries to disqualify people who are seeking to better their lives in any number of different ways.
The State of Indiana has recognized the severe, long-lasting, effect an arrest record or a conviction record may have on a person’s life, and they have provided some limited relief with the Expungement Statute. The Expungement Statute is a fairly new law, being enacted in 2014. Under the expungement Statute arrests, misdemeanor convictions, and D-felony or level 6-felony convictions may be eligible for expungement. Major Felony convictions may also be expunged, although, for major felony cases, the relief is so insignificant that we rarely recommend seeking it.
Under Section 1 of Indiana’s Expungement Statute, if you are arrested but not convicted, you can have the record expunged one year from the date of arrest. It does not matter one bit what you were charged with if anything. Whether you were charged with driving without a license or murder, if the end result was not a conviction, you aren’t participating in a diversion program, and you don’t have any other pending cases, you are eligible to expunge that arrest.
Under Section 2 of Indiana’s Expungement Statute, if the arrest resulted in a misdemeanor conviction, including any level 6 conviction reduced to a misdemeanor by way of alternative misdemeanor sentencing, both the arrest and conviction can be expunged when
1.) The sentence was successfully completed, and
2.) Five (5) years have passed since the date of conviction. You must also not get convicted of any other crimes during that 5-year span and cannot have any other pending cases.
Under Section 3 of Indiana’s Expungement Statute, If the arrest resulted in a D-felony or a level 6-felony, both the arrest and conviction can be expunged when
1.) The sentence is successfully completed, and
2.) Eight (8) years have passed since the date of conviction. Similarly to misdemeanors, you cannot have any other convictions during that 8-year span, and you cannot have any other pending cases.
The law places additional limitations, restrictions, and requirements on the use of Indiana’s Expungement Statute that make it vitally important to hire a skilled, knowledgeable, and experienced attorney to handle a Petition for Expungement.
In addition, the State of Indiana will occasionally allow a person to file early, or to ignore one or more of the other requirements. When a person seeks that kind of permission, Rigney Law is also available to help.
The attorneys and staff at Rigney Law have the skill, knowledge, and experience to handle any expungement case. What’s more, we will meet with you to review your matter and determine your eligibility before we charge you any money. Both Jake and Kassi, while located in Indianapolis Marion County, will travel anywhere in the State of Indiana to help you seek an expungement of your criminal record. If you want to expunge your criminal history, but you don’t know where to start, consider calling Rigney Law today at 317.430.7370