A criminal record can feel like an unshakeable ghost that appears in many facets of life. From job opportunities to housing applications and beyond, you will always face setbacks with criminal records from the past. Fortunately for Indiana people, record expungement by an Indiana expungement lawyer is a light of hope.
This legal process, completed by an expungement attorney in Indiana, allows individuals to remove or hide their criminal history from public view, giving them a much-needed fresh start. Also, read how we can help you with habitual traffic violations. In this blog, we will walk you through the first stages of evaluating whether you are eligible for record expungement in Indiana, revealing the route to a brighter future free of the past. So, let us get started!
Knowing record expungement in Indiana
Before we get into the specifics of eligibility, it’s crucial for you to know what record expungement is. Indiana criminal record expungement is a judicial means of sealing certain criminal convictions from public view. This means they will not surface on screenings and will not have to be revealed, in most cases, for public view.
In Indiana, precise criteria are used to evaluate if somebody is qualified for record expungement. The expungement process in Indiana differs depending on the nature of the offense. The same goes for the final result of the case. Let’s go down the path and find many types of expungement and their eligibility.
Misdemeanor offenses
Misdemeanor offenses can be expunged in two ways: limited or unlimited. Limited expungement is possible for persons who were found guilty but finished a diversion program or got a sentence shorter than one year and have no more than three prior convictions. Unrestricted expungement is accessible to persons who have satisfactorily finished their prison term or probation period and have no more than two prior convictions.
Felony offenses
The qualifying requirements for felony offenses are stricter. Generally, to be qualified for Indiana expungement laws, the applicant must have been cleared of the charges, have the case dropped without being convicted, or receive a governor’s pardon. However, there are certain exemptions to this rule, including some drug offenses along with Level 6 criminal convictions under specific circumstances.
Juvenile Offenses
Individuals who have reached 18 or finished their juvenile custody may be eligible for the Expungement Process in Indiana for their juvenile offenses. This method seals the documents, rendering them inaccessible to the public.
Non-eligible offenses
It’s important to note that not all offenses are capable of Indiana criminal record expungement. For example, serious crimes and sex offenses are often not acceptable. Furthermore, there is a waiting time before a person can submit for record expungement. It can vary from 3 to 10 years, subject to the significance of the offense.
Pending Charges
Indiana expungement laws prohibit anyone from filing for an expungement. This is if they are facing outstanding criminal charges.
Court expenses, fines, fees, and restitution
Before filing for an Indiana criminal record expungement, you must pay any outstanding court dues.
It can be tough to pay outstanding expenses. However, it is necessary before you can apply for an expungement. If you can begin paying a small amount each month, it will eventually benefit you when you submit for expungement.
If you have not cleared your dues by that time, you are not qualified for the expungement. You will be permitted to have them waived.
Waiting Periods
The Indiana expungement laws state that you cannot seek an expungement until a specified number of years following the conviction or sentence. The amount of time you must wait varies according to the type of conviction. You should not submit for an expungement unless you have completed the waiting period required for all of your convictions.
There are usually two waiting periods before you file your petition for an expungement.
The first category of the waiting period when you file your expungement starts the day you get a conviction from the court. You can consider asking yourself the question of when you got convicted to find out the time period.
The subsequent waiting period goes backward from the current date. Begin with today’s date and ask yourself, “Has it been X years since you have been convicted of any felony?
The Significance of Seeking Expert Legal Support
Understanding the legal system can be difficult and complex. This is particularly true when it pertains to record expungement. That is why it is important to seek the guidance of a qualified Indiana expungement lawyer. The expungement attorneys specialize in expungement as well as appellate law. They will be able to analyze your case and decide whether you are eligible for expungement. They will also help you through the procedure and ensure that all essential paperwork is properly submitted.
It’s also worth noting that the expungement process in Indiana can be tedious. It can have errors or missing details about your petition, which can cause delays or even refusal of expungement. Working with an experienced expungement attorney in Indiana may help ensure that all procedures are performed appropriately, increasing the probability of a positive conclusion.
Conclusions and Key Takeaways
A criminal history can severely limit your options for jobs, housing, and education. Record expungement provides a chance for a new beginning, and you must take advantage of it if you are qualified. Understanding the qualifying requirements and getting legal counsel will help you pave the route to a brighter future free of the burden of past sins.
Contact the Gil Berry Law Office now! If you feel you are fit for record expungement in Indiana and wish to get rid of the shadow from the past behind you, don’t hesitate! You can contact us to get competent legal advice. Gil Berry is an experienced criminal defense attorney with considerable experience helping people clear their criminal records. Call us at (317) 685-3969 or send us an email at gil@gilberrylaw.com. We are here to walk you through the expungement procedures step by step.