An Indiana Expungement Lawyer Answers The Almost Frequently Asked Questions Almost the Indiana Expungement Law in 2021.

** Updated for 2022 ***

  1. What is the Indiana Expungement Law?

When an adult is convicted of a crime, the stigma of a confidence tin can follow them through life creating many roadblocks.  In addition to the stigma of beingness labeled an "ex-con" or felon, finding housing or employment can be very hard as virtually landlords and employers these days conduct background checks.   Even those bedevilled of simple misdemeanors in their youth, or in college, are existence denied employment and housing because of past convictions.  The research does support the fact that background checks are becoming more frequent.  In fact, co-ordinate to one study,"96% of employers conduct at to the lowest degree ane type of background screening."

Indiana expungement lawyer

The Indiana Expungement Statue states that a person whose record is expunged shall be treated equally if the person had never been bedevilled of the criminal offence.

In 2013, the Indiana Legislature offered some relief to those bedevilled of sure misdemeanors and felonies, and passed the Indiana Expungement Police.

"Ane important part of the Indiana Expungement law is that it prohibits the unlawful discrimination past employers against those who take had their criminal records expunged."

The Indiana Expungement Statue, IC-35-38-9-10(b). states:

(b) It is unlawful bigotry for any person to:
(1) suspend;
(ii) expel;
(3) refuse to employ;
(4) pass up to admit;
(v) pass up to grant or renew a license, let, or certificate necessary to appoint in any activity, occupation, or profession;  or
(6) otherwise discriminate against;
any person because of a conviction or arrest record expunged or sealed nether this chapter.

The Indiana General Assembly wanted to requite individuals who have been convicted of certain crimes a 2d adventure by not experiencing many of the stigmas associated with a criminal conviction, peculiarly where an individual has completed the requirements established by the trial court and has since been a police-abiding citizen.

In other words, the Indiana Expungement Law gives individuals that ability to clear their criminal slate and kickoff over.  No more having to worry near filling out background checks.

"The Indiana Expungement Statue states that a person whose record is expunged shall be treated as if the person had never been convicted of the law-breaking."

In fact, the Indiana Expungement Statute states that in any application for employment, a license, or other correct or privilege, a person may be questioned well-nigh a previous criminal record ONLY in terms that exclude expunged convictions or arrests, such as: "Have yous always been arrested for or convicted of a criminal offense that has NOT been expunged by a court?  So a person who has had their tape expunged tin can truthfully respond "No" to this question.

Want to know if y'all qualify for an expungement in Indiana? Click to brainstorm a free no obligation Indiana Expungement Evaluation for a gratis eligibility conclusion by an Indiana Expungement Lawyer.

The Indiana Expungement Law can be found in Indiana Lawmaking 35-38-9, which is titled "Sealing and Expunging Confidence Records."  It is also known every bit the Second Chance Act.

The law has been amended a few times since it originally passed in 2011, and it was revised and condensed in 2013 into Indiana Lawmaking 35-38-nine.  It was then amended in 2014, 2015, 2019, and the nearly recent revision took effect on July ane, 2020.  The most contempo amendments allowed for a "collateral action" to be expunged in addition to arrests and convictions.  The statute defines a "collateral action" as an activeness or proceeding, including an authoritative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. The term includes a proceeding or activity concerning a seizure, a civil forfeiture, and a petition for specialized driving privileges.

  1. Can you lot have Arrest and/or Charging Records Expunged in Indiana?

Yes.  An abort tin exist a big problem on background checks too.  Fifty-fifty if not convicted, just being charged with sure crimes, can scare off a potential employer or landlord, fifty-fifty though the arrest or charges never resulted in a conviction.  Section ane of the Indiana Expungement Law allows arrests and charges to be expunged if:

  • The abort and/or charges:
  1. Did not result in a conviction; or
  2. Resulted in a confidence that was vacated on Entreatment; and
  3. The person is non currently participating in a pretrial diversion program.

The waiting menses is 1 (i) twelvemonth from the arrest (if no charges were filed) or 1 (1) year from the date charges were filed (every bit long as the above is applicative).  So one year after yous have been arrested and/or charged, if the case was dismissed, or y'all received a pre-trial diversion (and completed that diversion), or if you were found not guilty, y'all can accept your arrest and/or charging tape expunged.

  1. Can you have Pretrial Diversion Records Expunged in Indiana?

Absolutely.

A Pretrial diversion is a program that was allows someone charged with a crime to avert having a criminal conviction on their record.  Information technology is unremarkably only available to people charged with a showtime-time misdemeanor only it may depend on the type of misdemeanor and the person's criminal background.

To participate in the pretrial diversion program, a person must acknowledge to the crime to which they are being charged.  But, if a person completes all the requirements of the pretrial diversion programme, the Land volition and then dismiss the charges confronting them.  All that's left then is an arrest and charging record, which as we discussed in a higher place, tin be expunged.

Since the charges against y'all are dismissed after successfully completing a pretrial diversion program, it is merely like an arrest and or accuse which did not event in a conviction.    So to expunge record of a pretrial diversion, the requirements are the aforementioned every bit for an arrest/accuse.  Just first, you must complete your pretrial diversion programme.  If you have questions almost whether you are eligible for an Indiana expungement of your abort record, you should speak to an Indiana Expungement Lawyer.

Indiana Expungement Law

Indiana Expungement Law Allows For the Expungement of All Misdemeanors and Sure Felonies.

  1. Can yous have Misdemeanor Convictions Expunged in Indiana?

Absolutely.  ALL misdemeanor convictions tin can be expunged nether Indiana's Expungement police.  This includes Form D felonies (for whatsoever crime committed before July 1, 2014) and Level half-dozen felonies (for whatever crimes committed after June xxx, 2014) that were reduced to a misdemeanor by the Court (via Alternative Misdemeanor Sentencing a/k/a "AMS").

Your misdemeanor conviction(s) WILL be expunged if the court finds:

  • It's been 5 (5) years from the engagement of the conviction;
  • Yous accept no criminal charges pending;
  • You take paid all your fines, fees, court costs, and restitution obligations; and
  • Y'all have not been convicted of a crime within the previous five (v) years.

If it hasn't been five years from the engagement of your conviction, then the Indiana Expungement Police states your misdemeanor can just be expunged if the prosecutor agrees in writing to a shorter menses of time.  But even if has been five years from the engagement of your conviction, you also cannot have any convictions in the last five years.

If you have met these requirements, the expungement is mandatory.  That means the Court has no pick but to grant your misdemeanor expungement.  There is no discretion left to the approximate like with higher level felonies.  Talk to an Indiana Expungement Lawyer to find out if you qualify.

  1. Tin you Get a Felony Expunged in Indiana?

By and large yes, but it depends on the type of class or level of felony conviction.    Under Chapter 35-38-9 of the Indiana Expungement Constabulary, expungement is not available to sex offenders or vehement offenders or persons convicted of official misconduct, homicide offenses, man and sexual trafficking offenses, or sex crimes.  Likewise, at that place is a difference betwixt a Class D Felony or a Level 6 Felony Conviction and all other Felony Convictions (Form A, B, or C Felonies and Level 1-5 Felonies).  Permit's wait at the difference.

Form D or LEVEL 6 FELONY

Your Grade D Felony or Level 6 Felony (which was not reduced to misdemeanor with a plea or at sentencing) WILL be expunged if the court finds:

  • It's been viii (eight) years from the date of the conviction;
  • You have no criminal charges pending;
  • You have paid all your fines, fees, courtroom costs, and restitution obligations; and
  • You have not been bedevilled of a crime within the previous eight (8) years.

If it hasn't been eight (8) years from the date of your conviction, then pursuant to the Indiana Expungement Law, your felony can simply be expunged if the prosecutor agrees in writing to a shorter period of time.

This rule does non utilise to sure people as stated in Indiana Lawmaking 35-38-9-3(b), including sex offenders and violent offenders.

If you lot have met these requirements, the expungement is mandatory.  That means the Court has no choice only to grant your Level 6 Felony or Class D Felony expungement.  There is no discretion left to the estimate like with higher level felonies.  Talk to an Indiana Expungement Lawyer to notice out if you authorize.

Not-Vehement FELONIES

All other Felony conviction(due south), Form A, B or C Felonies and Level 1-5 Felonies MAY be expunged if the courtroom finds:

  • Information technology'south been eight (8) years from the date of the confidence;
  • You accept no criminal charges pending;
  • You have paid all your fines, fees, courtroom costs, and restitution obligations; and
  • You take not been convicted of a crime within the previous eight (8) years.

If it hasn't been eight years from the appointment of your conviction, then your felony can only be expunged if the prosecutor agrees in writing to a shorter period of time.

This rule does not apply to certain people as stated in Indiana Lawmaking 35-38-9-four(b), including public officials, sex offenders and violent offenders.

Equally Section four of the Indiana Expungement Police force deals with more serious crimes, even if you meet all the requirements, the courtroom MAY grant your expungement, but information technology is non mandatory.  The court may utilise its discretion.  So this means that for a Level 1, 2, 3, 4 or 5 Felony, or a Course A, B, or C Felony, your expungement is not mandatory.  You or your Indiana Expungement Lawyer will probable have to get to a hearing and fence to the estimate why the Courtroom should grant your expungement.  Evidence, including evidence on how you have turned your life around since the conviction, can assist persuade the estimate to grant your expungement.

If your expungement is denied past the guess, you tin reapply for expungement every three years later on for that particular confidence for which expungement was denied.  Remember this only applies to Levels 1-5 Felonies and Class A-C Felonies.  Level 6 felonies and Class D felonies are mandatory expungements.

PUBLIC OFFICIALS AND VIOLENT OFFENDERS

Your Felony confidence, MAY exist expunged if the court finds:

  • It'due south been x (10) years from the date of the confidence;
  • You have no criminal charges awaiting;
  • You lot accept paid all your fines, fees, courtroom costs, and restitution obligations;
  • You accept non been bedevilled of a crime within the previous ten (x) years; and
  • The prosecutor consents in writing to the expungement.

If it hasn't been 10 years from the appointment of your conviction, and then your felony can simply exist expunged if the prosecutor agrees in writing to a shorter period of time.

This rule does non apply to sure people as stated in Indiana Code 35-38-9-5(b), including crimes that resulted in death, sex offenders and persons convicted or two or more felonies involving the unlawful apply of a mortiferous weapon.

Every bit Section five of the Indiana Expungement Police force deals with violent offenders, it requires the consent of the prosecutor (even if it has been ten years).  Furthermore, even if the prosecutor consented, and you lot meet all the other requirements, the court MAY grant your expungement, but it is not mandatory.

  1. How Long Does It Take For My Record to Be Expunged?

Once a petition for expungement is filed, information technology generally takes anywhere from 30-180 days till the court approves the petition.  More normally, nosotros are seeing these canonical between thirty-60 days after filing, but it depends on the Canton.

Indiana Expungement Lawyer

Want to know if you authorize for an expungement in Indiana? Click to begin a Free Indiana Expungement Evaluation and Avnet Law will email y'all within 24 hours to allow you know if y'all are eligible.

If the prosecutor doesn't object to the petition, the court may grant the petition without a hearing.  The Indiana Expungement Statute requires the prosecutor to object to the petition within 30 days of receipt and specify why the prosecutor is objecting.  This give you lot or your Indiana Expungement Lawyer time to gather additional evidence needed to evidence that you are indeed eligible or to help convince the court to grant the expungement.

If the prosecutor objects to the petition for expungement, the Indiana Expungement law requires the trial courtroom to set the thing for hearing not sooner than 60 days from the appointment the Expungement petition was filed.

Merely even if the prosecutor does not object, the court may still require a hearing.  Its a skillful idea to accept an Indiana Expungement Lawyer present with yous at the hearing to advocate on your behalf.

  1. How Many Times Can I Expunge My Tape?

"Indiana's Expungement law only allows a person to expunge their criminal record ONE (1) fourth dimension in their lifetime.  And then, it is of import you get it done properly.  We recommend you rent a knowledgeable Indiana Expungement Lawyer to ensure the expungement is completed properly."

But, even though you tin just expunge records of your criminal convictions one time in your life, yous can file petitions for all your different Indiana convictions in all counties in Indiana.  As well, at that place is no limit to the number of expungement petitions you may file regarding arrests and/or charges that did Not result in a conviction.

The Indiana Expungement Statute states that if you take multiple convictions in 1 county, you must consolidate all the convictions you wish to expunge into one petition for expungement.  If you have convictions in different Indiana counties, you volition need to file divide petitions in each canton where you were bedevilled.

Nevertheless, all petitions for expungement filed in split up counties for offenses committed in those counties count as one petition if all the expungement petitions are filed in a 365-solar day period.  Again, its a skillful idea to speak to an Indiana Expungement Lawyer to brand sure your expungement is done correctly.

  1. Does an Indiana Expungement Restore Gun Rights?

Yes.  A conviction that is expunged restores your rights to own a firearm, with ONE exception.  Indiana Lawmaking 35-38-9-six(f) states that if yous were convicted of a misdemeanor or felony involving domestic violence, your right to possess a firearm is not automatically restored.  The right of a person convicted of a crime of domestic violence to possess a firearm may be restored only in accordance with IC 35-47-4-vii, another statute that requires a split petition to exist filed with the court.

Firearm rights are governed by both federal constabulary and Indiana police force.  However, federal law holds that a conviction that has been expunged cannot be considered a conviction for purposes of denying firearm rights under federal law.  The federal government has likewise held that Indiana's Expungement constabulary is sufficient in removing the federal firearms prohibition in the Gun Control Act.

Nosotros have written more extensively about Indiana's Gun Laws hither.

In add-on to firearm rights, Indiana Code 35-38-9-10(c) states that later on existence granted an expungement, the civil rights of a person whose conviction has been expunged shall be fully r estored, including the correct to vote, to concord public function, to exist a proper person under IC 35-47-ane-7(2) , and to serve as a juror.

  1. What is the Cost for an Indiana Expungement?

There are a few costs that are associated with an Indiana Expungement.  There are filing fees for each petition for expungement you file into every canton as well equally attorneys' fees if you rent an Indiana Expungement lawyer.

Likewise, if you oasis't paid the fines, fees, and court costs, and/or satisfied any restitution obligation from the convictions you are trying to expunge, those will have to be paid equally well prior to an expungement existence granted.

If you are filing a petition to expunge an arrest or pre-trial diversion ONLY in a particular canton, then there is NO filing fee.  For all other expungement cases involving convictions, the filing fees are generally around $162.10 for each petition.  So, if you lot have 2 convictions in Marion county, the filing fee would exist around $162.10 total for both convictions.  Merely if y'all take three convictions, ane in Marion County, one in Wayne County, and 1 in Hamilton Canton, and so the filing fees would be around $162.10 each or virtually $486.thirty total.

An Indiana Expungement Lawyer'southward fees vary from house to firm, and usually depend on the number of counties where the petition(s) will be filed and the type of convictions involved.   Some counties require hearings for expungement petitions while other counties may grant the petition without a hearing.  Also, Class A, B and C Felonies likewise as Level 1-5 Felonies are non mandatory expungements and commonly require a hearing to convince the Court to grant the expungement.  Thus, they involve more than preparation and piece of work.

At Avnet Police force, we charge a flat fee for filing expungement petitions.  That mode, the client will non exist billed past the hour.  The fee will encompass all the piece of work from the beginning until the petition is granted, including whatever required hearings.  And you will accept the peace of mind knowing that the expungement is being completed by an Indiana Expungement lawyer who will complete the task properly the first fourth dimension.

  1. What if my Petition for Expungement is denied?

If your petition for expungement is denied, Indiana's Expungement police allows a person to file a subsequent petition ONLY regarding one of the convictions that were included in the original petition that was not expunged.   A subsequent petition for expungement cannot include any conviction that was non included on the original petition for expungement.  So make certain your Indiana Expungement Lawyer includes all of your convictions in the original petition(s).

If the Court denies the petition due to its discretion for a high class or level felony, a subsequent petition can only be filed later three (three) years from the engagement of the terminal petition was denied.

Because yous just become one shot at an expungement in Indiana, its important you speak to an Indiana Expungement Lawyer.

Indiana expungement lawyer 1

Contact an Indiana Expungement Lawyer to Expunge Your Criminal Record

Schedule a Costless Consultation with an Indiana Expungement Lawyer

Indiana'south expungement constabulary offers those who may have fabricated mistakes in the past 1 (1) adventure only to wipe the slate clean of convictions.  Since you only have one time chance to expunge your criminal record, it is important you become it done right.

Desire to know if you qualify for an expungement in Indiana? Click to begin a free no obligation Indiana Expungement Evaluation to decide eligibility.

Avnet Police understands the issues, has the experience, and can suggest and represent you in obtaining your expungement.  We likewise can propose you regarding other criminal law legal problems.

Call 1-877-77-AVNET to Schedule a Complimentary Consultation with an Indiana Expungement Lawyer Today or contact u.s.a. below with any additional questions y'all may have expungements in Indiana.

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