Additional Types of Expungements in Indiana
Recognizing that criminal records can continue to impact a person’s life after they have completed the terms of their sentence, Indiana law allows people who have been convicted of misdemeanor and even felony offenses to seek expungements of their records. Under Indiana law, an expungement is not a term that refers to complete destruction or eradication of the record but rather a sealing of the record. While expungements are commonly discussed in connection with various types of misdemeanor and felony convictions, as well as arrest records related to misdemeanor and felony offenses, you should know that there are additional types of expungements that may be possible under Indiana law, and our firm can help you to seek these kinds of expungements if you qualify.
Even though other types of records, including for civil infractions, may not have the same effect as an arrest or a conviction record, these types of records can nonetheless impact a person’s life in different ways. Those include eviction records, civil infraction records, and records from the Department of Child Services (DCS). Our Indianapolis expungement lawyers can tell you more about these additional kinds of expungements in Indiana.
Eviction Record Expungement
Under IC 32-31-11, eviction actions are civil actions taken by a landlord to evict a tenant from rental premises, and this type of action can include a landlord’s petition for an emergency possessory order. While eviction actions cannot result in criminal penalties, they can have serious implications for Indianapolis residents who want to rent another property. Having an eviction record may prevent you from being able to enter into another rental agreement with a new landlord.
Accordingly, you may be interested in having your eviction record expunged — in practice, having your eviction record sealed from future landlords. In order to have an eviction record expunged, there cannot be an existing judgment with a balance due. In addition, you must have the eviction dismissed in court or decided in your favor.
Civil Infraction Expungement
Civil infractions in Indiana, along with ordinance violations, cannot result in a jail or prison sentence, but they can result in fines and even a driver’s license suspension depending on the specific infraction or violation. For many Indianapolis residents, civil infractions or ordinance violations can have bigger impacts on their lives and livelihoods, limiting their ability to hold certain licenses that may be required for work, for example.
If you are found not to have committed the violation, or the infraction is dismissed, the Court will not report that the citation was ever issued. In the alternative, you may be able to have a civil infraction expunged, or sealed, under IC 34-28-5-15. To be eligible for this type of expungement you must have been found to have committed an infraction (or admitted to committing an infraction under a deferral agreement) and 5 years must have past since you satisfied the terms of the violation or deferral agreement.
Expunging Child Abuse or Neglect Reports
Reports concerning child abuse or neglect, from the Department of Child Services, can be devastating. Like other types of records, these reports can be expunged in some cases.
To have this type of report or record expunged, you will need to petition the court with assistance from an attorney. Courts consider a range of factors in determining whether there is clear and convincing evidence that both of the following are true:
- You are unlikely to be a future perpetrator of child abuse or neglect; and
- There is insufficient probative value to justify DCS retaining the record.
Contact Our Indianapolis Expungement Attorneys Today
Do you have questions or need assistance with an expungement of any of the types of matters discussed above? Contact an experienced Indianapolis expungement lawyer at Rigney Law LLC today for assistance.
Sources:
law.justia.com/codes/indiana/title-32/article-31/chapter-11/
law.justia.com/codes/indiana/title-34/article-28/chapter-5/section-34-28-5-15/
law.justia.com/codes/indiana/title-31/article-33/chapter-27/section-31-33-27-5/
