Understanding Indiana’s Second Chance Law for Criminal Matters

Anyone who has been arrested for a criminal offense (even if they were not convicted) or charged with and convicted of a criminal offense knows how consequential these records can be. Even for misdemeanor offenses, and certainly for felony offenses, criminal records can follow a person and have a significant impact on their lives long after they have completed the terms of a sentence. Indeed, having a criminal record can limit a person’s ability to be hired for certain types of jobs, to hold certain types of professional licenses, to live in certain areas, and even to share parenting rights of their children. If you are in this situation, you might have started your own research into your options to have your criminal record sealed or expunged, and you might have come across references to Indiana’s “second chance law,” or Indiana’s set of “second chance laws.”

In short, second chance law in Indiana refers to the state’s criminal expungement laws, which are found under Indiana Code Section 35-38-9. The laws recognize that people make mistakes and deserve to have a second chance at various aspects of life without being hindered by a criminal record once they have learned from their mistakes. Accordingly, under Indiana’s expungement laws, you may be able to have your criminal record sealed and to have protections against various forms of discrimination based on an expunged record. An Indianapolis expungement lawyer at Rigney Law LLC can explain in more detail.

Expungement or “Second Chance” Laws 

A wide range of criminal records can be “expunged,” or sealed, in order to offer a “second chance” to people who have made mistakes and want a chance to have an improved future.

In general, Indiana’s expungement laws allow individuals with criminal arrest or collateral action records, as well as those with certain types of criminal convictions, to petition the court to seal their records after a specific amount of time has passed. The waiting period depends on the type of criminal offense and whether or not there was conviction — anywhere from one (1) to ten (10) years from the date of the conviction, or up to five (5) years from the date of the completion of the sentence. Indiana law prohibits certain types of criminal convictions from being expunged, including sex offenses and crimes resulting in the death of another person.

Getting a Second Chance through Protections Against Discrimination

Once a criminal record has been expunged, Indiana law prohibits a person from taking any of the following actions against an individual “because of a conviction or arrest record expunged or sealed” under IC 35-38-9:

• Suspending;
• Expelling;
• Refusing to employ;
• Refusing to admit;
• Refusing to grant or refusing to renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or
• Otherwise discriminating against that individual.

Contact Our Indianapolis Expungement Attorneys 

Getting a second chance through Indiana’s criminal expungement laws can change a person’s life. If you have a criminal record and want to find out more about the expungement process and your eligibility, you should get in touch with one of the experienced Indianapolis expungement lawyers at Rigney Law LLC for assistance. Contact us today to find out more about filing a petition for expungement.

Sources:

in.gov/ipdc/files/TITLE35_AR38_ch9.pdf

in.gov/icrc/newsroom/house-enrolled-act-1482-updates-indianas-criminal-records-law/