Indianapolis Infractions Expungement Lawyer
While most of us consider ourselves law-abiding citizens, one area where people still run into occasional trouble is the traffic ticket. Indiana generally classifies such tickets as infractions rather than crimes. Basically, an infraction is any violation of the law that can only result in a fine and not jail time.
You might assume that infractions will automatically be erased from your record, similar to how points fall off your driving record. But that is actually not the case. Indeed, prior to 2019 there was no legal mechanism to remove prior civil infractions from a person’s record. Today, it is possible to seek removal through a process known as expungement. If you need to know more about this process, and possibly have your own record cleared, the Indianapolis infractions expungement lawyer at Rigney Law LLC is here to help.
How Long Do I Have to Wait Before Seeking to Clear My Record?
One reason you may wish to seek expungement of your driving record is that too many traffic infractions can get you into serious trouble. Under Indiana law, if you have 10 offenses on your record over a 10-year period, you can be classified as a “habitual traffic offender,” and if at least 1 of those 10 violations was serious, the Bureau of Motor Vehicles will suspend your driving privileges for 5 years.
So how does infractions expungement actually work? Generally, you can only seek expungement after a waiting period specified by law. The length of this waiting period depends on how your case was disposed of. If your infraction case was dismissed or you were found not to have committed the infraction–i.e., you beat the traffic ticket–you can seek an expungement of the case after just 30 days. If you were found to have committed the infraction but that judgment was later overturned on appeal, the waiting period is one year.
But if you did commit the infraction, the waiting period is five years. If you simply paid the fine, then the five-year clock starts to run from when you paid. In many cases, however, traffic infractions are handled through a deferral program. Basically, if you complete a deferral program the original infraction will be dismissed. You can then seek an infraction expungement five years starting from the date you successfully satisfied all conditions of the deferral program.
If you meet the requirements and a court grants an expungement, that does not necessarily mean that all records of the infraction are erased. But it does mean that the court will order the agency holding the records not to disclose that information to a “noncriminal justice organization or an individual.” So members of the general public, such as a potential employer or landlord, will not learn of your record.
Contact Rigney Law Today
Expungement can be a complicated process. While you may not initially think that you need a lawyer, the reality is that your chances for success will improve significantly by working with an Indianapolis infractions expungement attorney. Contact Rigney Law LLC today to schedule a consultation.
