indiana how to have your criminal records sealed without a lawyer

Indiana code requires a petition for expungement to be filed at the county level. For instance, if you were arrested in Indianapolis, your expungement case will most likely be filed in Marion County. The prosecuting attorney should receive a copy of your expungement petition and all documents supporting the sealing of your records within 30 days.

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How to clear a criminal record in Indiana?

In order to be eligible you must satisfy a waiting period during which you have no subsequent convictions. The waiting periods are: 5 years for misdemeanors, 8 years for felonies that did not result in serious bodily injury, and 10 years for felonies that did result in serious bodily injury with the prosecutor's consent.

How do I get my record expunged in Indiana?

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. The Indiana State Police cannot give legal advice regarding the filing of a petition.

What does it mean to have your criminal record sealed?

Mar 24, 2022 · The charge was reduced to a misdemeanor, but it still shows up as a felony on court records. I was charged with felony theft. At court the states prosecutor offered a deal to plead down to a misdemeanor, 1 year suspended sentence, repay the amount and do community service. This was in 2003, I've never had any other charges before or after ...

What is restricted access to my record under Indiana law?

Oct 26, 2021 · A felony has a big impact on a person’s life and if you live in Indiana, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record2) Seal Your Record,3) Request a Pardon of Your RecordThe problem though is that all states don ...

How much does it cost to get your record sealed in Indiana?

If you are filing a petition to expunge an arrest or pre-trial diversion ONLY in a particular county, then there is NO filing fee. For all other expungement cases involving convictions, the filing fees are generally around $162.10 for each petition.Jun 30, 2018

How can I clear my criminal record?

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...

What crimes Cannot be expunged in Indiana?

Certain Offenses Not Eligible for Criminal Record ExpungementOffenses involving homicide, voluntary manslaughter, or involuntary manslaughter.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.More items...•Jan 27, 2021

How do I expunge my record in Indiana?

To obtain an expungement of your Indiana criminal records, you must file a petition or formal written request in the court that entered the judgment of conviction or the county of the arrest or charge.

Can I clear my criminal record after 5 years?

Do you qualify for expungement? You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.

How long does it take for criminal record to clear?

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

How long does expungement take in Indiana?

approximately four to six monthsThe average Indiana expungement takes approximately four to six months. While that is the average timeframe, some expungements will be completed more quickly and some will take longer, depending on the facts of the case, whether the DA agrees or objects, and the age of the case, etc.

Who can see expunged records in Indiana?

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

Do felonies go away?

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).

How do you get a felony dropped to a misdemeanor in Indiana?

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 ...

Does Indiana expungement restore gun rights?

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.

How long does it take to get your criminal record sealed?

Sealing a criminal record typically prohibits anyone from accessing it without a court order. After a waiting period of one year from the date of your arrest, you can file a petition to have your criminal record expunged and sealed if: you were convicted but your conviction was later vacated.

How long do you have to wait to get a misdemeanor off your record?

Wait periods. If you were convicted of a misdemeanor or a Class D or Level 6 felony that was reduced to a misdemeanor, you must wait five years from the date of your conviction before applying for expungement. If you were convicted of a Class D or Level 6 felony, ...

How to get a felony expunged?

If you were convicted of a felony other than a Class D or Level 6 felony, you may petition to expunge your record if: 1 you have not been convicted of two or more separate felonies involving a deadly weapon 2 you have no charges pending against you 3 you have paid all fines, fees, court costs, or restitution associated with your case, and 4 you do not have any new convictions on your record.

What level of felony can you get expunged?

If you were convicted of an eligible misdemeanor, Class D or Level 6 felony that was reduced to a misdemeanor, or Class D or Level 6 felony, you may petition to expunge and seal your criminal record if:

Can you expunge a misdemeanor in Indiana?

Expungement in Indiana If You Have a Conviction on Your Criminal Record. Convictions for many misdemeanors, Class D or Level 6 felonies, and Class D or Level 6 felonies that were reduced to misdemeanors may be expunged and sealed. With some exceptions, sealed records cannot be disclosed to anyone without a court order.

Can you seal a misdemeanor?

If you were convicted of an eligible misdemeanor, Class D or Level 6 felony that was reduced to a misdemeanor, or Class D or Level 6 felony, you may petition to expunge and seal your criminal record if: you do not have any new convictions on your record.

Can you get your DNA profile removed from the DNA database?

You may petition to have your DNA profile removed from the state DNA database if your conviction was reversed and the case was dismissed, or if you were arrested for one or more felonies and: you were acquitted of all felony charges or all felony charges were converted to misdemeanors.

How to get a felony conviction expunged?

Your Felony conviction, MAY be expunged if the court finds: 1 It’s been ten (10) years from the date of the conviction; 2 You have no criminal charges pending; 3 You have paid all your fines, fees, court costs, and restitution obligations; 4 You have not been convicted of a crime within the previous ten (10) years; and 5 The prosecutor consents in writing to the expungement.

What percentage of employers conduct background checks?

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.

How long does it take to get an expungement in Indiana?

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.

Can you ask about previous criminal records in Indiana?

In fact, the Indiana Expungement Statute states that in any application for employment, a license, or other right or privilege, a person may be questioned about a previous criminal record ONLY in terms that exclude expunged convictions or arrests, such as: “Have you ever been arrested for or convicted of a crime that has NOT been expunged by a court? So a person who has had their record expunged can truthfully answer “No” to this question.

What is the Indiana expungement law?

The Indiana Expungement Law can be found in Indiana Code 35-38-9, which is titled “Sealing and Expunging Conviction Records.”. It is also known as the Second Chance Act. The law has been amended a few times since it originally passed in 2011, and it was revised and condensed in 2013 into Indiana Code 35-38-9.

Can an arrest be expunged?

An arrest can be a big problem on background checks too. Even if not convicted, just being charged with certain crimes, can scare off a potential employer or landlord, even though the arrest or charges never resulted in a conviction. Section 1 of the Indiana Expungement Law allows arrests and charges to be expunged if:

Can you expunge a conviction in Indiana?

But, even though you can only expunge records of your criminal convictions once in your life, you can file petitions for all your different Indiana convictions in all counties in Indiana. Also, there is no limit to the number of expungement petitions you may file regarding arrests and/or charges that did NOT result in a conviction.

Can a criminal record be expunged?

Generally, if a criminal record is expunged or sealed, it's as though the crime never occurred and you can legally say (to a potential employer, for example) that you were never charged or convicted of a crime. State laws vary tremendously as to which conviction and arrest records can be expunged.

Can a conviction be expunged?

State laws vary tremendously as to which conviction and arrest records can be expunged. See the articles below for details on the rules in your state, and on how to begin the expungement process. If you are interested in sealing a juvenile record, refer to our article, Expunging or Sealing a Juvenile Court Record.

Can a criminal record interfere with your license?

Even years after a criminal conviction, a criminal record can interfere with your ability to obtain employment, housing, and professional licenses. Is it possible to clear a criminal record after an arrest or conviction?

Can you appeal a conviction to a federal judge?

Sealing a Federal Adult Criminal Record. If you were convicted in federal district court of a federal offense, in theory you may appeal to a federal district court judge to expunge your record. Federal judges have the power to expunge any record of conviction, but they rarely exercise it.

What happens if you are found guilty of a crime?

For most people, it’s no surprise that any time you’re found guilty of a crime, the information lands on a written report regarding your history with the judicial system. But even if you’re eventually found innocent, the details about your arrest remain on the record. Having your criminal convictions or arrests expunged removes those details from the prying eyes of potential landlords, employers and others interested in your background. Expunction doesn’t always completely erase your past, however, since many states allow judges and law enforcement agencies to access confidential records.

Who is Sandra King?

Sandra King uses her life experience as a small business owner, single parent, community volunteer and obsessive traveler to write about a variety of topics . She holds degrees in communication and psychology and has earned certificates in medical writing, business management and landscape gardening.

Can a court clerk give legal advice?

The court clerk or website for the court in the county where you were arrested can often direct you to information about necessary qualifications, as well as the appropriate forms and filing process. The clerk cannot give you legal advice regarding your case.