Section 2 Cases: Expungement Cases: Misdemeanors or converted class D felonies
Listed below are the types of cases that apply to Section 2.
- Any misdemeanor charge
- Any class D felonies that was changed to a misdemeanor
- Perjury sentenced as a misdemeanor may also fall into this section
For Section 2 cases, you must wait at least five years after the day you were convicted to file for petition. You could begin filing your petition sooner if the prosecuting attorney approves an earlier date. Once your waiting period has passed, you can begin filing your petition for expungement in the superior court in the county of your conviction. You only have once chance to expunge your record so it is important that we meet all the requirements listed below.
- We must notify the prosecuting attorney
- The prosecuting attorney must notify the victim of the crime
- You must completed the five year waiting period
- You must have paid all fines, fees and court costs from your conviction
- You must have no other pending charges on your record
- You have not been convicted of another crime in the previous five years.
Once these have been completed and the prosecuting attorney does not require a hearing, the court is able to make a decision about your expungement. If the prosecuting attorney finds a hearing necessary, the court will meet at least 60 days after your petition has been filed.
If the court finds that all the required conditions have been met, then the court can approve your expungement.
Once a court has approved your expungement a court order will issue the following list of requirements:
- No government agency with access to your criminal record may release your record to the general public without a court order
- The police will be required to seal your record on their criminal history database
- The Indiana Supreme Court and the Court of Appeals will permanently seal your case and remove the contents from public access.
- You will be able to vote, run for public office, and serve as a juror.
- It becomes illegal to discriminate against you when applying for jobs, licenses or permits
When applying for jobs or licenses you may only be questioned about convictions that have not been expunged.
Certain agencies will still have access to your expunged records. This group will only have access with a court order. A police officer acting on official duty may also inspect the record. Listed below are some of the agencies that can see but not share your record.
- Indiana Department of Corrections
- Indiana BMV
- The law enforcement agency that was involved in your case
It is important to make sure you are qualified for expungement because you only have one chance in your life to file a petition. Contact us and we can make sure that you are qualified for expungement and that your record gets cleared.