What is Expungement?

Are their convictions on your record that are keeping you from getting jobs? Are your rights as a citizen, such as voting or having a firearms license limited because of your past? Your criminal record could be keeping you from certain jobs and limiting your rights as a citizen. Fortunately, in 2013, Indiana made it possible for people with criminal records to have their name cleared and start fresh in the community with expungement. Expungement is simply clearing your record. An expungement will keep employers from snooping into your trivial past and restore your full rights as a citizen. But this new law is constantly changing. In 2014 Indiana tightened the laws around expungement. It is possible the law could even be repealed in the next few years so its important to act soon to clear your record. Let Duepner Law help you expunge your Indiana record.

How does Indiana Expungement work?

Under the new expungement laws, you are only allowed one chance to clear your name. This means that it is very important you work closely with someone experienced to help guide you through the process. Expungement is both complicated and lengthy, further detailing the importance of having someone experienced in expungement cases, such as Duepner Law, help clear your name. Once we begin, we will examine your eligibility and the type of conviction you would like expunged. The type of conviction you want expunged will determine the way your record is cleared. Below is a simple explanation of the types of expungement cases.

Types of Expungement

Under Indiana law, there are five different categories of expungement each depending on the type of conviction you want expunged. Section 1 has the lightest offenses, ranging to Section 5, which details the heaviest offenses available for expungement.

Section 1: This includes arrest without conviction and is the easiest to expunge.

This requires a one year wait after your arrest.

Section 2: This includes all misdemeanors.

This requires a five year wait after your date of conviction.

Section 3: This included Class D Felonies without bodily injury.

This requires an eight year wait after your date of conviction.

Section 4: This included Felonies without serious bodily injury.

This requires an eight year wait after your conviction.

Section 5: The last section is reserved for other eligible felonies not specified above.

This requires a ten year wait after your conviction.

Each section has an increased waiting time before an expungement can be filed. The higher the number the longer the waiting period. Also, the type of conviction you are tying to expunge determines how your record will be sealed. Not all records are permanently wiped from the public. Each section has its own protocol for determining how your record will be sealed.

If you were not actually charged with a crime or the charges against you were dropped, Section 1, then you have a good chance of getting your record expunged. Your record will not be completely destroyed but it will no longer be accessible on certain PUBLIC criminal databases or available to employers. Your rights as a citizen will be restored and it will be illegal to discriminate against you because of your previous record.

If you were convicted of a Section 2 or 3 offense, your record will most likely be sealed from the public and expunged. This means that your records will not be released to the general public unless they have a court order. The Indiana State Police will seal your records in the criminal history database and the Indiana Supreme Court will seal your records within the court system. Your rights will be restored and your record will be hidden from employers. It will be illegal to discriminate against you because of your previous record.

Those convicted of Section 4 or 5 offenses will only have their record cleared in name and not wiped from the system. Your conviction will still show up on criminal databases but it will be clearly marked expunged. Your rights as a citizen will be restored. You will be able to vote, run for office and apply for a handgun license.

Who qualifies?

Not everyone can have their record expunged in Indiana, and not everyone has the same waiting period for an expungement. Persons convicted of Official MisConduct, Homicide, Human and Sexual Trafficking or Sex Crimes are not eligible for expungement. Those with the lightest convictions , Section 1 offenses, will only have to wait one year for their expungement hearing. Those with the heaviest convictions Section 5 offenses, can expect a ten year wait for their expungement hearing and must seek prosecutor consent.

Contact us today and we can begin determining your eligibility and clearing your name.