Expungement of your criminal record under the Indiana Second Chance Expungement Law has become much easier in recent years.  If you are interested in speaking with an Indianapolis Expungement Lawyer about having your criminal record expunged under the Indiana Expungement Law, contact 317-771-8535 for a free consultation with an Indiana expungement attorney. Many expungements qualify for a Money Back Guarantee

Frequently Asked Questions About the Indiana Expungement Law

1. What is expungement?

Expungement is a legal process that removes a criminal conviction from your public record. This can be beneficial for various reasons, including employment, housing, and education.  

2. What types of convictions can be expunged in Indiana?

Indiana law allows for the expungement of certain misdemeanor and felony convictions. However, not all convictions are eligible. Some factors that can affect eligibility include the severity of the crime, the time elapsed since the conviction, and whether there were any subsequent convictions.  

3. How long do I have to wait before I can file for expungement?

The waiting period for expungement depends on the type of conviction. For misdemeanors, it is generally 5 years after the date of conviction. For felonies, the waiting period is typically longer, often 8 years or more.  

4. Can I expunge a conviction if I have been arrested multiple times?

Multiple arrests may not necessarily disqualify you from expungement, but they can affect your eligibility. It’s important to consult with an attorney to determine your specific situation.

5. Can I expunge a conviction if I have been convicted of a crime in another state?

If the conviction occurred in another state, you may need to follow the expungement procedures in that state as well as Indiana.

6. Will expungement completely erase my criminal record?

No, expungement does not completely erase your criminal record. While it removes the conviction from public access, it may still be visible in certain databases or for specific purposes, such as background checks for certain professions or government positions.  

7. Can I expunge a conviction if I have been arrested but not convicted?

Yes, you can typically expunge an arrest record if you were not convicted of a crime.  

8. What is the difference between expungement and sealing?

In Indiana, the term “expungement” means that you have not been convicted of a crime. The term “sealing” prevents the public from accessing the record.  Click here, for a more detailed explanation of the differences between expungement and sealing.

9. How much does expungement cost?

The cost of expungement can vary depending on factors such as the complexity of the case and whether you hire an attorney. There may also be court fees and other expenses involved.  Court fees are typically 162 per county.  There is generally a sheriff service fee of $28.  

 

10. Do I need an attorney to file for expungement?

While it is possible to file for expungement on your own, it is generally recommended to consult with an attorney who specializes in criminal law. An Indiana attorney can help you navigate the legal process, ensure that your application is complete and accurate, and represent you in court if necessary.  

11. How long does the expungement process take?

The timeline for expungement can vary, but it typically takes several months. Factors that can affect the processing time include the complexity of the case, the workload of the court, and whether there are any objections from the state.  

12. Can I expunge a conviction if I have a pending criminal case?

You cannot expunge a conviction while there is a pending criminal case against you.  

13. Can I expunge a conviction if I have been convicted of a crime of violence?

Certain crimes of violence may not be eligible for expungement. The specific eligibility criteria can vary depending on the nature of the crime. To see a list of what cases can and can not be expunged, click here.  

14. Can I expunge a conviction if I have been convicted of a sex crime?

Expungement is generally not available for sex crimes.

15. Can I expunge a conviction if I have been convicted of a federal crime?

Federal convictions are typically handled by the federal court system, and can generally not be expunged.

Expungement of your criminal record under the Indiana Second Chance Expungement Law has become much easier in recent years.  If you are interested in speaking with an Indianapolis Expungement Lawyer about having your criminal record expunged under the Indiana Expungement Law, contact 317-771-8535 for a free consultation with an Indiana expungement attorney. Many expungements qualify for a Money Back Guarantee