Listed below are the types of convictions that fall under Section 4.
- All felonies that did not involve serious bodily injury to another person
- All class D felonies that involved bodily injury to another person
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:
- All public records related to your arrest and conviction will be clearly marked expunged but remain on public databases
- The Indiana state police and BMV will add expunged to all of your public records
- 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. If you are registered as a sex offender, your expungement will not change your registration. You will still show up on sex offender websites but your conviction will be clearly marked expunged.
If your conviction becomes expunged your records will still be available to the public but there will now be regulations regarding how the public uses your record.
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.