Understanding the Expungement Process in Indianapolis
Past arrests, charges, and/or conviction records will follow you and may present you with various roadblocks that affect your daily life. For example, a criminal record can block employment opportunities. A criminal record can prevent you from getting housing, loans, and professional licensing. Fortunately, there are options in Indianapolis if you have a criminal record. You may be able to prevent a criminal record from adversely affecting your life by obtaining an expungement. According to Indiana law, criminal records can be expunged if they meet certain criteria. In this article, we explain the meaning of expungement in Indianapolis and share an overview of the steps in the expungement process.
What Is Expungement?
When a criminal record is expunged, it is sealed. An expunged criminal record in Indianapolis is hidden from public view. Obtaining an expungement means you do not have to disclose your criminal past to private entities. It means that if a job application asks you whether you have a criminal record, you don’t need to answer “yes.” This can help prevent discrimination based on your past mistakes.
However, it is crucial to note that, in Indianapolis, an expungement does not destroy criminal records. In Indiana, expunged records remain available to the court and criminal justice agencies as required to carry out their official duties.
Steps in the Expungement Process in Indianapolis
The first step in the expungement process in Indianapolis is determining your eligibility for criminal record expungement. In Indianapolis, you may be able to have your criminal record expunged if you were arrested but not convicted. You may be eligible for an expungement if you were found guilty of a misdemeanor or Class D felony that was reduced to a misdemeanor if, among other things, at least five years have passed since the conviction date. Additionally, if you were found guilty of a Class D felony, you may be able to have your criminal record expunged if, among other things, at least eight years have passed since the conviction date. For more serious felony crimes, it may still be possible to have your record expunged, but it can be harder to have a record of a more serious felony offense expunged. An attorney can help you determine if you are eligible for expungement.
After determining whether you are eligible for expungement, the next step in the expungement process is determining if you have satisfied all financial terms and conditions related to your sentence. If you have yet to satisfy all terms and conditions, ensure you do so before proceeding.
Next, you need to submit a verified petition for expungement. After you file the petition, the State will have 30 days to respond to the Petition. Following the State’s reply, or after 30 days have past, the court will review the petition, and if necessary, a hearing will be held. If your petition is approved, the court will issue an order to seal the record identified in your petition or request.
Contact an Indianapolis Criminal Defense Lawyer
The expungement process in Indianapolis can be complicated. So, it is vital that you work with an experienced attorney to ensure everything goes smoothly. For example, an attorney can ensure you meet deadlines and that all the elements that must be included in your petition are included.
Our experienced Indianapolis expungement lawyer at Rigney Law LLC can help you with the expungement process. Contact us today to schedule a consultation and discuss your case.
