Listed below are cases that apply to Section 3.
- Any class D felony
- A level 6 felony committed after June 30, 2014
- You are not included in this category if you were convicted of a felony as an elected official or you were convicted of perjury.
Before you begin filing your petition for expungement you must wait at least eight years after the day you were convicted. You may apply for a petition earlier if the prosecuting attorney agrees to an earlier date. Once you are eligible you can begin filing your petition in the superior court in the county of your conviction. Because you only have one chance to file for expungement, make sure all the requirements listed below are fulfilled. Here are some of the requirements
- We must notify the prosecuting attorney
- The prosecuting attorney must notify the victim of the crime
- You must completed the eight 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 eight 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 be able to share access with a court order. Listed below are some of the agencies.
- 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.