An Indiana Expungement Lawyer Answers The Most Oft Asked Questions About the Indiana Expungement Police in 2021.

** Updated for 2022 ***

  1. What is the Indiana Expungement Law?

When an adult is convicted of a crime, the stigma of a confidence tin follow them through life creating many roadblocks.  In add-on to the stigma of being labeled an "ex-con" or felon, finding housing or employment tin exist very difficult equally most landlords and employers these days conduct background checks.   Fifty-fifty those convicted of elementary misdemeanors in their youth, or in college, are being denied employment and housing considering of past convictions.  The research does support the fact that groundwork checks are becoming more frequent.  In fact, according to ane study,"96% of employers deport at least one type of groundwork screening."

Indiana expungement lawyer

The Indiana Expungement Statue states that a person whose record is expunged shall exist treated as if the person had never been convicted of the offense.

In 2013, the Indiana Legislature offered some relief to those bedevilled of certain misdemeanors and felonies, and passed the Indiana Expungement Police.

"One important role of the Indiana Expungement law is that information technology prohibits the unlawful discrimination by employers against those who have had their criminal records expunged."

The Indiana Expungement Statue, IC-35-38-9-10(b). states:

(b) Information technology is unlawful discrimination for whatsoever person to:
(1) suspend;
(2) expel;
(iii) decline to employ;
(four) refuse to admit;
(v) reject to grant or renew a license, let, or certificate necessary to engage in any activeness, occupation, or profession;  or
(vi) otherwise discriminate against;
whatever person considering of a conviction or abort record expunged or sealed under this chapter.

The Indiana Full general Assembly wanted to give individuals who have been convicted of sure crimes a second chance by not experiencing many of the stigmas associated with a criminal conviction, particularly where an private has completed the requirements established past the trial court and has since been a law-abiding citizen.

In other words, the Indiana Expungement Law gives individuals that power to clear their criminal slate and first over.  No more than having to worry about filling out groundwork checks.

"The Indiana Expungement Statue states that a person whose record is expunged shall exist treated as if the person had never been bedevilled of the offense."

In fact, the Indiana Expungement Statute states that in whatever application for employment, a license, or other correct or privilege, a person may be questioned virtually a previous criminal record ONLY in terms that exclude expunged convictions or arrests, such as: "Have you always been arrested for or convicted of a crime that has Not been expunged by a courtroom?  So a person who has had their tape expunged can truthfully answer "No" to this question.

Desire to know if y'all qualify for an expungement in Indiana? Click to begin a gratis no obligation Indiana Expungement Evaluation for a free eligibility determination by an Indiana Expungement Lawyer.

The Indiana Expungement Law can be found in Indiana Code 35-38-ix, which is titled "Sealing and Expunging Conviction Records."  It is also known equally the Second Chance Act.

The police has been amended a few times since information technology originally passed in 2011, and it was revised and condensed in 2013 into Indiana Code 35-38-9.  It was then amended in 2014, 2015, 2019, and the most recent revision took consequence on July 1, 2020.  The most contempo amendments immune for a "collateral action" to be expunged in addition to arrests and convictions.  The statute defines a "collateral activeness" as an activity or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency accusation, a conviction, or a juvenile delinquency adjudication. The term includes a proceeding or action concerning a seizure, a ceremonious forfeiture, and a petition for specialized driving privileges.

  1. Can you lot have Abort and/or Charging Records Expunged in Indiana?

Yes.  An arrest tin can be a large problem on background checks as well.  Fifty-fifty if not convicted, just being charged with certain crimes, can scare off a potential employer or landlord, even though the abort or charges never resulted in a conviction.  Department 1 of the Indiana Expungement Law allows arrests and charges to be expunged if:

  • The abort and/or charges:
  1. Did not result in a conviction; or
  2. Resulted in a conviction that was vacated on Appeal; and
  3. The person is non currently participating in a pretrial diversion plan.

The waiting menstruum is one (1) year from the arrest (if no charges were filed) or one (one) yr from the date charges were filed (equally long as the above is applicable).  Then 1 year after you lot have been arrested and/or charged, if the case was dismissed, or you received a pre-trial diversion (and completed that diversion), or if yous were establish not guilty, yous can have your abort and/or charging record expunged.

  1. Tin can you have Pretrial Diversion Records Expunged in Indiana?

Absolutely.

A Pretrial diversion is a plan that was allows someone charged with a criminal offense to avoid having a criminal conviction on their record.  It is ordinarily just available to people charged with a commencement-time misdemeanor merely information technology may depend on the type of misdemeanor and the person'southward criminal groundwork.

To participate in the pretrial diversion plan, a person must admit to the crime to which they are being charged.  Only, if a person completes all the requirements of the pretrial diversion programme, the State will and so dismiss the charges against them.  All that's left then is an arrest and charging tape, which every bit we discussed above, can be expunged.

Since the charges against y'all are dismissed subsequently successfully completing a pretrial diversion program, information technology is simply like an arrest and or charge which did not result in a conviction.    And then to expunge record of a pretrial diversion, the requirements are the same as for an arrest/charge.  But first, y'all must complete your pretrial diversion program.  If you have questions well-nigh whether y'all are eligible for an Indiana expungement of your arrest tape, you should speak to an Indiana Expungement Lawyer.

Indiana Expungement Law

Indiana Expungement Constabulary Allows For the Expungement of All Misdemeanors and Certain Felonies.

  1. Can you take Misdemeanor Convictions Expunged in Indiana?

Absolutely.  ALL misdemeanor convictions can exist expunged under Indiana'south Expungement law.  This includes Class D felonies (for any crime committed before July 1, 2014) and Level 6 felonies (for any crimes committed afterwards June xxx, 2014) that were reduced to a misdemeanor by the Courtroom (via Alternative Misdemeanor Sentencing a/g/a "AMS").

Your misdemeanor confidence(due south) WILL be expunged if the court finds:

  • It's been five (5) years from the appointment of the confidence;
  • Y'all have no criminal charges pending;
  • Yous have paid all your fines, fees, courtroom costs, and restitution obligations; and
  • You take not been convicted of a crime within the previous five (5) years.

If it hasn't been v years from the date of your conviction, then the Indiana Expungement Law states your misdemeanor tin can but be expunged if the prosecutor agrees in writing to a shorter menstruum of fourth dimension.  Just even if has been five years from the date of your confidence, you also cannot have any convictions in the last five years.

If you take met these requirements, the expungement is mandatory.  That ways the Court has no selection merely to grant your misdemeanor expungement.  In that location is no discretion left to the approximate similar with higher level felonies.  Talk to an Indiana Expungement Lawyer to find out if you qualify.

  1. Can you Get a Felony Expunged in Indiana?

By and large yep, but information technology depends on the type of class or level of felony conviction.    Under Chapter 35-38-nine of the Indiana Expungement Law, expungement is not available to sexual practice offenders or violent offenders or persons convicted of official misconduct, homicide offenses, human and sexual trafficking offenses, or sexual practice crimes.  Also, at that place is a difference between a Class D Felony or a Level half-dozen Felony Conviction and all other Felony Convictions (Class A, B, or C Felonies and Level one-five Felonies).  Let's look at the difference.

Course D or LEVEL 6 FELONY

Your Grade D Felony or Level half dozen Felony (which was not reduced to misdemeanor with a plea or at sentencing) Will be expunged if the courtroom finds:

  • It's been 8 (8) years from the date of the conviction;
  • You have no criminal charges pending;
  • Yous have paid all your fines, fees, court costs, and restitution obligations; and
  • Yous have not been convicted of a crime within the previous 8 (viii) years.

If information technology hasn't been eight (8) years from the engagement of your conviction, then pursuant to the Indiana Expungement Law, your felony can just be expunged if the prosecutor agrees in writing to a shorter menses of fourth dimension.

This rule does non use to certain people every bit stated in Indiana Lawmaking 35-38-9-3(b), including sexual practice offenders and violent offenders.

If you take met these requirements, the expungement is mandatory.  That means the Court has no choice merely to grant your Level 6 Felony or Class D Felony expungement.  There is no discretion left to the gauge similar with college level felonies.  Talk to an Indiana Expungement Lawyer to notice out if you qualify.

NON-VIOLENT FELONIES

All other Felony conviction(southward), Class A, B or C Felonies and Level 1-5 Felonies MAY exist expunged if the court finds:

  • It's been eight (8) years from the date of the conviction;
  • You have no criminal charges awaiting;
  • You have paid all your fines, fees, court costs, and restitution obligations; and
  • Y'all have not been convicted of a crime inside the previous eight (viii) years.

If information technology hasn't been eight years from the date of your conviction, then your felony tin can only be expunged if the prosecutor agrees in writing to a shorter flow of time.

This dominion does not apply to certain people as stated in Indiana Code 35-38-nine-4(b), including public officials, sex offenders and tearing offenders.

As Section 4 of the Indiana Expungement Constabulary deals with more serious crimes, even if you meet all the requirements, the court MAY grant your expungement, just it is non mandatory.  The court may utilize its discretion.  And so this means that for a Level 1, 2, 3, iv or 5 Felony, or a Class A, B, or C Felony, your expungement is not mandatory.  You or your Indiana Expungement Lawyer volition likely have to get to a hearing and argue to the judge why the Court should grant your expungement.  Evidence, including evidence on how you have turned your life around since the conviction, can assist persuade the approximate to grant your expungement.

If your expungement is denied by the approximate, you can reapply for expungement every three years afterwards for that particular conviction for which expungement was denied.  Retrieve this only applies to Levels one-v Felonies and Class A-C Felonies.  Level half dozen felonies and Class D felonies are mandatory expungements.

PUBLIC OFFICIALS AND Fierce OFFENDERS

Your Felony conviction, MAY be expunged if the court finds:

  • It's been ten (10) years from the date of the conviction;
  • Y'all have no criminal charges pending;
  • You take paid all your fines, fees, court costs, and restitution obligations;
  • Y'all take not been convicted of a criminal offense inside the previous x (10) years; and
  • The prosecutor consents in writing to the expungement.

If information technology hasn't been x years from the date of your conviction, and so your felony can only be expunged if the prosecutor agrees in writing to a shorter menstruum of time.

This rule does not use to sure people as stated in Indiana Lawmaking 35-38-9-5(b), including crimes that resulted in decease, sex offenders and persons convicted or two or more felonies involving the unlawful use of a deadly weapon.

Equally Section 5 of the Indiana Expungement Constabulary deals with violent offenders, it requires the consent of the prosecutor (fifty-fifty if information technology has been 10 years).  Furthermore, even if the prosecutor consented, and you meet all the other requirements, the courtroom MAY grant your expungement, only it is not mandatory.

  1. How Long Does It Take For My Record to Be Expunged?

Once a petition for expungement is filed, it generally takes anywhere from 30-180 days till the court approves the petition.  More commonly, we are seeing these approved between 30-60 days afterward filing, but it depends on the County.

Indiana Expungement Lawyer

Want to know if you authorize for an expungement in Indiana? Click to brainstorm a Free Indiana Expungement Evaluation and Avnet Constabulary will e-mail you within 24 hours to let you know if you are eligible.

If the prosecutor doesn't object to the petition, the courtroom may grant the petition without a hearing.  The Indiana Expungement Statute requires the prosecutor to object to the petition within 30 days of receipt and specify why the prosecutor is objecting.  This give y'all or your Indiana Expungement Lawyer fourth dimension to gather boosted testify needed to prove that yous are indeed eligible or to assist convince the court to grant the expungement.

If the prosecutor objects to the petition for expungement, the Indiana Expungement law requires the trial court to set the matter for hearing non sooner than 60 days from the appointment the Expungement petition was filed.

Merely fifty-fifty if the prosecutor does not object, the courtroom may nevertheless require a hearing.  Its a proficient idea to have an Indiana Expungement Lawyer present with y'all at the hearing to abet on your behalf.

  1. How Many Times Tin can I Expunge My Record?

"Indiana'southward Expungement law only allows a person to expunge their criminal tape I (ane) time in their lifetime.  So, it is of import you go information technology done properly.  We recommend you hire a knowledgeable Indiana Expungement Lawyer to ensure the expungement is completed properly."

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

The Indiana Expungement Statute states that if y'all take multiple convictions in one county, you must consolidate all the convictions you lot wish to expunge into one petition for expungement.  If y'all have convictions in different Indiana counties, you will need to file separate petitions in each canton where you were bedevilled.

However, all petitions for expungement filed in dissever counties for offenses committed in those counties count as one petition if all the expungement petitions are filed in a 365-24-hour interval flow.  Once again, its a adept idea to speak to an Indiana Expungement Lawyer to make sure your expungement is done correctly.

  1. Does an Indiana Expungement Restore Gun Rights?

Yep.  A conviction that is expunged restores your rights to own a firearm, with One exception.  Indiana Code 35-38-ix-6(f) states that if you were convicted of a misdemeanor or felony involving domestic violence, your correct to possess a firearm is not automatically restored.  The right of a person convicted of a offense of domestic violence to possess a firearm may exist restored only in accordance with IC 35-47-4-7, some other statute that requires a split up petition to be filed with the court.

Firearm rights are governed by both federal law and Indiana law.  However, federal law holds that a conviction that has been expunged cannot be considered a conviction for purposes of denying firearm rights under federal police force.  The federal government has also held that Indiana's Expungement constabulary is sufficient in removing the federal firearms prohibition in the Gun Command Human activity.

We have written more extensively about Indiana's Gun Laws hither.

In addition to firearm rights, Indiana Code 35-38-9-10(c) states that later being granted an expungement, the civil rights of a person whose conviction has been expunged shall be fully r estored, including the right to vote, to concur public office, to exist a proper person nether IC 35-47-one-7(2) , and to serve every bit a juror.

  1. What is the Cost for an Indiana Expungement?

There are a few costs that are associated with an Indiana Expungement.  At that place are filing fees for each petition for expungement yous file into every county also equally attorneys' fees if you hire an Indiana Expungement lawyer.

Also, if you oasis't paid the fines, fees, and court costs, and/or satisfied any restitution obligation from the convictions you are trying to expunge, those will have to be paid likewise prior to an expungement being granted.

If yous are filing a petition to expunge an arrest or pre-trial diversion ONLY in a detail county, then at that place is NO filing fee.  For all other expungement cases involving convictions, the filing fees are generally around $162.ten for each petition.  And so, if you lot accept ii convictions in Marion county, the filing fee would be around $162.10 full for both convictions.  Merely if you accept three convictions, i in Marion County, one in Wayne Canton, and one in Hamilton County, so the filing fees would be around $162.ten each or about $486.thirty total.

An Indiana Expungement Lawyer's fees vary from house to firm, and usually depend on the number of counties where the petition(s) will exist filed and the type of convictions involved.   Some counties require hearings for expungement petitions while other counties may grant the petition without a hearing.  Too, Form A, B and C Felonies equally well equally Level 1-5 Felonies are not mandatory expungements and normally require a hearing to convince the Court to grant the expungement.  Thus, they involve more preparation and work.

At Avnet Law, we charge a flat fee for filing expungement petitions.  That fashion, the client will not exist billed by the hour.  The fee will comprehend all the work from the beginning until the petition is granted, including whatsoever required hearings.  And you lot volition have the peace of listen knowing that the expungement is being completed by an Indiana Expungement lawyer who volition complete the job properly the first time.

  1. What if my Petition for Expungement is denied?

If your petition for expungement is denied, Indiana's Expungement law allows a person to file a subsequent petition ONLY regarding 1 of the convictions that were included in the original petition that was not expunged.   A subsequent petition for expungement cannot include whatever confidence that was not included on the original petition for expungement.  So make certain your Indiana Expungement Lawyer includes all of your convictions in the original petition(s).

If the Court denies the petition due to its discretion for a high class or level felony, a subsequent petition tin can only be filed after three (iii) years from the date of the last petition was denied.

Considering y'all only get i shot at an expungement in Indiana, its of import you speak to an Indiana Expungement Lawyer.

Indiana expungement lawyer 1

Contact an Indiana Expungement Lawyer to Expunge Your Criminal Record

Schedule a Free Consultation with an Indiana Expungement Lawyer

Indiana's expungement police offers those who may take fabricated mistakes in the past i (1) risk only to wipe the slate clean of convictions.  Since you lot but have once chance to expunge your criminal record, it is important yous get it done right.

Desire to know if you authorize for an expungement in Indiana? Click to begin a complimentary no obligation Indiana Expungement Evaluation to determine eligibility.

Avnet Law understands the issues, has the experience, and can advise and represent you in obtaining your expungement.  We also can propose y'all regarding other criminal police legal issues.

Telephone call 1-877-77-AVNET to Schedule a Free Consultation with an Indiana Expungement Lawyer Today or contact us below with whatsoever additional questions you may have expungements in Indiana.

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