A criminal record can have an impeccable impact on your life, career, and future. Restoring your life in society following a conviction is always challenging. You will face difficulties in getting a job, pursuing education, and even renting a house. Only an expungement attorney in Indiana can help you get your life back to normal. At Gil Berry Law, we navigate you through all the complex procedures of expungement and help you expunge your criminal records.
If you have been accused of a crime in the past, you are in the right place. Around 70 million Americans have some sort of criminal record. These records debar an individual from being an active participant in society. In such cases, expungement in Indiana is about sealing your criminal records from the public databases, offering you a second chance to get your life back on track. Indiana expungement services offer you a fair chance to seek a fresh start in life. At Gil Berry Law, we are here to help you understand the expungement laws, along with their limitations and benefits.
Overview of Indiana Expungement Laws
In Indianapolis, the expungement laws are also known as second chance laws. It provides citizens with a legal approach to sealing or expunging their eligible criminal records from the past. However, you should also be aware that not every conviction is eligible to be expunged. There are certain legal requirements that you must meet.
Eligibility Criteria for Expungement
There are several categories of offenses, each with different eligibility requirements. Non-conviction records can easily get expungement one year following your arrest. But misdemeanors and class D felonies must be completed five years after conviction to be expunged.
Crimes That are Not Eligible for Expungement
The Indiana court doesn’t allow the expungement of certain crimes, including:
- Sex crimes
- Violent crimes
- Felony charges resulting in death
- Homicide offense
- Human or sexual trafficking
- Any sex crime offense
- Official misconduct
Waiting Period
The waiting period for expungement depends on the offenses. It can range from one to ten years.
Limitations on Criminal Record Expungement
While the expungement lawyer in Indiana offers you a fresh start, the expungement does come with some limitations. This second chance law allows citizens in Indiana to clear certain records and re-engage in their lives with new opportunities. But as we have discussed earlier in this blog, not all records are eligible for expungement. So, you get several setbacks while applying for an expungement. If you don’t know the legal requirements and the criteria, it can be a time-consuming task for you.
Some of the limitations that you must be aware of are:
- Waiting periods: Every category of offense has a mandatory waiting period before an individual can apply for expungement. For several crimes, you have to wait one year after your sentence to get an expungement. Similarly, for many serious charges, you may have to wait for ten years.
- Non-eligible offenses: Many crimes are not eligible for expungement. These crimes usually include any type of sex crime, murder, homicide offense, or misconduct.
- One-time opportunity: This is the most crucial setback for any expungement applicant. In Indiana, every citizen is provided with only one chance in their whole lifetime to get expunged. Thus, it is crucial to get it your first time.
The Benefits of Expunging a Criminal Record
A criminal record no doubt turns your life upside down, affecting your future. A record from the past can restrict you from getting employed, seeking education, or renting a property. In such cases, an Indiana record-clearing attorney helps you merge back into the norms of society by clearing your criminal records from public databases. Some of the benefits that you will enjoy are as follows:
- Employment: Almost all employers now conduct background screenings to determine whether you have any criminal records. Expungement attorneys in Indiana, in such cases, help you get employment by clearing your past criminal records.
- Housing: Like employers, your potential landlords also run background checks before renting your property. So, expungement here helps you dodge that obstacle and get any property rented.
- Education: Most citizens do not get a chance to pursue their educational career after getting convicted of a crime. Indiana expungement services, in such cases, are your lifelines, helping you complete your education.
FAQs on The Expungement of Criminal Charges
How do you know whether you are eligible to file an expungement?
The following factors determine if a record is eligible for expungement:
Please indicate if you were found guilty, the kind of offense, and the period since the last criminal occurrence on record.
Are there any offenses that can’t be expunged?
The Indiana law doesn’t offer expungement for certain offenses.
- Sex crimes
- Violent crimes
- Felony charges resulting in death
- Homicide offense
- Human or sexual trafficking
- Any sex crime offense
- Official misconduct
Which crimes and non-convictions are eligible for expungement?
Non-convictions, including arrests that don’t end in a conviction, may be purged. In general, the following convictions can be expunged:
- Misdemeanors D/Level 6 crimes without bodily harm.
- A, B, or C offenses without serious bodily injury; D felonies with physical injury.
- Some offenses include serious bodily injury.
How many times can you request an expungement?
You can request an expungement for your non-conviction as many times as necessary. However, expungement of convictions is only available once in your lifetime. This implies that you cannot have any fresh convictions removed. However, you could be able to submit a request to rectify your errors.
Where can you file for an expungement?
You must file an expungement petition in each county where you have a criminal record. That indicates you may need to file an application (request) seeking expungement in many counties, but you must do so all at once.
Conclusion
Navigating the complexities of Indiana’s expungement statute might be difficult, but it is an important step toward a brighter future. The procedure consists of several phases, including submitting petitions or attending proceedings in court, which can be daunting without good advice. If you are thinking about expungement, do not tackle it alone.
To increase your chances of success, consult with experienced criminal defense attorney Gill Berry. At Gil Berry Law, we will assist you with understanding the qualifying criteria, gathering essential evidence, and representing you in court to make sure your rights are respected throughout the process.
Contact Gil Berry Law for a Quick Expungement!
Choosing the next step in eliminating your criminal history can lead to new career chances, housing alternatives, and a fresh start. Are you prepared for all that? Contact our renowned criminal defense attorney, Gil Berry, now! You can 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.