How Can I Seek an Expungement?
As anyone with a criminal arrest or conviction in the Indianapolis area knows, having a criminal record can have consequences that extend far beyond the initial arrest or conviction. Depending on the type of criminal offense for which you were convicted, your conviction can affect your ability to apply for and be hired for certain jobs, to hold some professional licenses, and even to live in particular locations. In some cases, a criminal record can even impact your ability to engage in certain parenting activities and responsibilities. Accordingly, the prospect of having a criminal record expunged can be extremely important. Yet, you are likely wondering: how can I seek an expungement?
There are requirements under Indiana law for expungement, and it is important to know that some individuals and some convictions are not eligible for expungement. Then, assuming you are not in one of the ineligible situations, rules for expungement will depend on the category of your criminal record and other relevant factors. Our Indianapolis expungement attorneys can tell you more.
Make Sure You Meet Initial Eligibility Requirements
In Indiana, the term “expungement” refers to the sealing of records of an arrest or certain misdemeanor or felony convictions. Generally speaking, the initial eligibility requirements for an expungement include the following:
- You do not have any current criminal charges against you pending;
- You have paid all fines, fees, court costs, and any required restitution; and
- You have met the required waiting period for the category of your criminal record.
What is the waiting period? Criminal records are placed into five different categories in Indiana, and each of those has a waiting period. Depending on the nature of your criminal record, and whether it includes only an arrest or an arrest and conviction, you may have two separate waiting periods. The first waiting period refers to the amount of time that must pass from the date of your conviction that you are seeking to expunge. To determine whether you have met the specific waiting period based on the facts of your case and your specific criminal record, you should get in touch with an expungement attorney in Indianapolis who can speak with you about the particular details of your record and your eligibility.
Identify Ineligible Individuals and Convictions
It will also be essential to make certain that your criminal record is eligible for expungement based on ineligibility factors — in other words, you will need to make sure you and/or your conviction do not fall into one of the “ineligible” categories under Indiana law. Under I.C. 35-38-9, certain individuals or people with particular convictions cannot be eligible for expungement. Those include but are not limited to:
- Individuals identified under Indiana law as sex or violent offenders;
- Felony conviction that resulted in another person’s death;
- Conviction for official misconduct, homicide, human and sexual trafficking, or a sex crimes offense.
Contact Our Indianapolis Expungement Attorneys
To determine your eligibility for expungement based on your criminal record, and to identify the specific waiting time for seeking an expungement, you should get in touch with an experienced Indianapolis expungement lawyer at Rigney Law LLC. An attorney at our firm can talk with you to learn the details of your arrest and conviction, and we can assist you with the process of seeking expungement.
Source:
in.gov/ipdc/files/TITLE35_AR38_ch9.pdf
