Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.
In most cases, the filing fee for a petition for expungement is equal to the court's civil filing fee (currently $156 for most courts). The court may reduce or waive this fee if the person is indigent. There is no filing fee for a petition for expungement of an arrest record that did not lead to a conviction.May 9, 2018
The process of criminal record expungement involves a waiting period after conviction, and it has a deadline—you have one year from the time you begin the expungement process to file all of the petitions for expungement.Jan 27, 2021
Under Chapter 35-38-9 of the Indiana Expungement Law, expungement is not available to sex offenders or violent offenders or persons convicted of official misconduct, homicide offenses, human and sexual trafficking offenses, or sex crimes.Jun 30, 2018
It means that, in Indiana, your firearms rights are restored following an expungement; however, there is one exception: If you were convicted of a misdemeanor or a felony involving domestic violence, your firearm rights cannot be restored through an expungement.
For misdemeanors and Class D (Level 6) felonies, expungement means that only some agencies, such as police, and attorneys can view the records. For more serious felonies, the records remain public, but they are clearly marked as “expunged.” You must pay civil filing fees to petition for expungement.Oct 3, 2014
The expungement process generally takes 8 to 12 weeks. Sometimes you can get it done faster in some municipal courts; but if it's in a district court, 8 to 12 weeks are standard.
Does a Felony Ever Go Away? A felony charge will stay on your record for life. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below).
You can apply to have your criminal record expunged when:a period of 10 years has passed after the date of the conviction for that offence.you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.the sentence was corporal punishment.More items...
Pretrial diversion (PDP) is a program created by the Indiana legislature that allows a person who makes a mistake to avoid having a criminal conviction on his/her record.
If you're convicted of a federal crime, unfortunately, Congress doesn't allow the conviction to be expunged or to be sealed. Expungement and sealing of criminal records under certain circumstances is permitted in state courts in almost every state, including Florida.
Now, certain Class D Felonies can be reduced to a misdemeanor if the following facts exist: (1) the person is not a sex or violent offender, (2) the conviction is for a crime that did not cause bodily injury, (3) at least three years have passed since the person completed his sentence, (4) the person has no been ...
In addition to firearm rights, Indiana Code 35-38-9-10 (c) states that after being granted an expungement, the civil rights of a person whose conviction has been expunged shall be fully restored, including the right to vote, to hold public office, to be a proper person under IC 35-47-1-7 (2), and to serve as a juror.
If it hasn’t been five years from the date of your conviction, then the Indiana Expungement Law states your misdemeanor can only be expunged if the prosecutor agrees in writing to a shorter period of time.
If the prosecutor objects to the petition for expungement, the Indiana Expungement law requires the trial court to set the matter for hearing not sooner than 60 days from the date the Expungement petition was filed. But even if the prosecutor does not object, the court may still require a hearing.
In fact, according to one study , “96% of employers conduct at least one type of background screening.“. The Indiana Expungement Statue states that a person whose record is expunged shall be treated as if the person had never been convicted of the offense.
If your expungement is denied by the judge, you can reapply for expungement every three years afterwards for that particular conviction for which expungement was denied.
In 2013, the Indiana Legislature offered some relief to those convicted of certain misdemeanors and felonies, and passed the Indiana Expungement Law.
When an adult is convicted of a crime, the stigma of a conviction can follow them through life creating many roadblocks. In addition to the stigma of being labeled an “ex-con” or felon, finding housing or employment can be very difficult as most landlords and employers these days conduct background checks.
Indiana expungement law lists the elements that must be included in the petition, which differ depending on the type of criminal record sought to be expunged (arrest, charge, juvenile adjudication, or conviction).
Under Indiana Code § 35-38-9-8.5 (i), you may seek an expungement of your criminal records only once during your lifetime. This means you would need to include all of the criminal records you wish to expunge in your petition for expungement.
You can reach us by calling (317) 202-1163 or by completing our online contact form . Don’t delay—call now.
For Class D and Level 6 felonies, the waiting period is eight years. For eligible major felonies, the waiting period is eight or more years following conviction or three years from completion of your sentence, whichever is later. Even if you satisfy the waiting period, expungement is not automatic.
In addition to prosecutor approval, anyone seeking expungement of serious felony convictions must also satisfy these conditions: At least ten years since the conviction OR five or more years from the completion of your sentence , whichever is later.
Following are the waiting periods for expungement of arrests, charges, and convictions: For arrests , charges, or juvenile delinquency adjudications, the waiting period is one year . Even if you satisfy the waiting period, expungement is not automatic. In some cases, additional conditions apply.
Convictions for two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct. Homicide, voluntary manslaughter, or involuntary manslaughter.
For misdemeanors and Class D (Level 6) felonies, expungement means that only some agencies, such as police, and attorneys can view the records. For more serious felonies, the records remain public, but they are clearly marked as “expunged.”
What if you were arrested but never convicted? Or what if your conviction was reversed on appeal? You may qualify for expungement. If your arrest records are expunged, then no information about your arrest will be kept on file at state police agencies.
Questions about whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking a criminal expungement caused confusion Thursday among some members of the Indiana Supreme Court.
The Evansville Bar Association has put forward a detailed plan to address the problems of racial inequality and injustice by not only educating local legal professionals but also fostering a conversation within the larger community.
The Indiana Senate passed a bill Wednesday that could save the state nearly $1 million in federal funding by prohibiting juveniles charged with crimes from being held in adult jails.
Indiana University Maurer School of Law graduates who last year started an expungement help desk marked scores of personal victories through their work under trying circumstances and hope to build on early successes that helped clients in dozens of counties.
Indianapolis-based Neighborhood Christian Legal Clinic has been awarded a grant of just over $1 million from Lilly Endowment’s Enhancing Opportunity Initiative, allowing the legal aid provider to bolster its assistance to individuals who are reentering society after being incarcerated.
A man who was denied a petition to expunge his criminal record had the pendulum swing in his favor on Tuesday after an appellate panel reversed to grant his expungement request.
After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.
To be eligible, it must be five years from the date of conviction, an individual must not have additional criminal charges pending, they have paid all fines and fees, and they have not committed another crime in those five years . This expungement is mandatory for Indiana courts, so there is no risk to apply.
After one year, a person can apply for expungement if their arrest did not result in a conviction, an appeal vacated the conviction or they completed a pre-trial diversion program. Misdemeanors: Indiana allows expungement for all misdemeanors, even felonies reduced via plea agreement. To be eligible, it must be five years from the date ...
Ineligible offenses include sex crimes, violent crimes, homicide, and human trafficking. The same expectations for expunging a misdemeanor apply to a felony, except the individual must wait eight years after their conviction. Again, these expungements are mandatory.
Since Indiana only allows citizens to expunge their record once, it is important to get it done right.
Thankfully, the state of Indiana allows people to petition for expungement. This process removes a criminal charge, arrest or conviction from one’s record. Not all crimes are eligible, but understanding the process may provide many Indiana citizens relief.
The 2019 expungement law also allows sealing of records regarding civil forfeiture proceedings. The State may file civil forfeiture proceedings to seize property believed to be the proceeds or product of criminal activity or commingled with such assets whether or not the owner was charged with or convicted of a crime.
A protective order was issued but was later terminated because the court dismissed the protective order petition. The appellate court reversed an order of protection.
Even if criminal charges were dismissed, the Indiana expungement law now allows anyone the subject of a civil forfeiture to seek expungement of those records.
Prior to the most recent legislative change, Indiana law has never allowed for the expungement of protective orders, forfeitures, or specialized driving privilege. However, now courts in Indiana will be able to grant expungements that seal the records of these types of matters.
The new expungement of protective order laws allow the individual against whom a protective order was sought to have the protective order records expunged from public databases in some cases.
Finally, the laws on expungement in Indiana also now allow sealing of records regarding specialized driving privileges. For example, where an individual sought specialized driving privileges after a criminal conviction resulted in suspension of driving privileges, that individual can now seek to expunge both the criminal conviction and the records associated with those specialized driving privileges.
Currently, individuals convicted of a felony involving death, individuals with two unrelated felony convictions involving the unlawful use of a deadly weapon, or individuals with a conviction under Indiana Code 11-8-8-5 may not be eligible for expungement.