Expungement
Basics
Expungement Law in Indiana
In 2013, the Expungement Law came into effect in Indiana. This law allows individuals convicted of crimes the opportunity to be treated as though they were never convicted. There are varying requirements that must be met in order to pursue an expungement. These requirements correlate to the level of offense that you were convicted of or arrested for. There are essentially five distinct categories for expungements: (1) arrests that did not result in a conviction; (2) misdemeanor convictions; (3) class D felony convictions; (4) mid-level felony convictions; (5) serious felony convictions.
For arrests that did not result in a conviction, the waiting period to file an expungement is one year from the date of the arrest. These instances typically arise when an individual participated in a diversion program or the individual successfully defended the case resulting in an acquittal or dismissal of the charges.
For misdemeanor convictions, the waiting period to file is five years from the date that you were convicted. Typical misdemeanor crimes include possession of marijuana, public intoxication, conversion (shoplifting), and operating a vehicle while intoxicated.
For class D felony convictions, the waiting period to file is eight years from the date that you were convicted. Typical D felony crimes include theft, operating a vehicle while intoxicated with a prior conviction, and minor possession of hard drugs. For Mid-level felony convictions, the waiting period is also eight years. These commonly include fraud, robbery, dealing in narcotics, and possession of drugs.
For the more serious felony offenses, the waiting period is 10 years and you must acquire the consent of the prosecutor to go forward with the expungement. Typical convictions include felonies that resulted in bodily injury to another individual.
Not every crime is capable of being expunged. For example, you can not be a sex or violent offender and get the felony expunged.
It is important to meet with an experienced attorney to guide you through all the requirements to get your convictions expunged. Each section listed above has different requirements that will affect your ability to get the expungement finalized, as well as different results when the order is granted. This law has been amended several times since its inception, so it is important to make sure you are up to date before you proceed.
Andrew Noone has been assisting clients in obtaining expungement since 2014. He has experience through many Indiana courts in obtaining expungements for clients, including all counties in Central Indiana. Noone Law, LLC offers free consultations to determine whether you are eligible to go forward and will properly advise you of what this expungement process can do and what it can not.
Clients have faced a plethora of issues surrounding their convictions for bad decisions they made in their past. These convictions effect their ability to earn a living, to find a place to live, to be able to coach/volunteer/chaperone at their child's extra curricular activities, to obtain a professional license and to regain their civil rights. An expungement can have an impact on your life and will allow you to move forward without the stigma of a conviction hanging over your head. Don’t let your criminal record continue to hold you back, call our office at 317-787-8395 to see whether you can take advantage of this law.
In 2013, the Expungement Law came into effect in Indiana. This law allows individuals convicted of crimes the opportunity to be treated as though they were never convicted. There are varying requirements that must be met in order to pursue an expungement. These requirements correlate to the level of offense that you were convicted of or arrested for. There are essentially five distinct categories for expungements: (1) arrests that did not result in a conviction; (2) misdemeanor convictions; (3) class D felony convictions; (4) mid-level felony convictions; (5) serious felony convictions.
For arrests that did not result in a conviction, the waiting period to file an expungement is one year from the date of the arrest. These instances typically arise when an individual participated in a diversion program or the individual successfully defended the case resulting in an acquittal or dismissal of the charges.
For misdemeanor convictions, the waiting period to file is five years from the date that you were convicted. Typical misdemeanor crimes include possession of marijuana, public intoxication, conversion (shoplifting), and operating a vehicle while intoxicated.
For class D felony convictions, the waiting period to file is eight years from the date that you were convicted. Typical D felony crimes include theft, operating a vehicle while intoxicated with a prior conviction, and minor possession of hard drugs. For Mid-level felony convictions, the waiting period is also eight years. These commonly include fraud, robbery, dealing in narcotics, and possession of drugs.
For the more serious felony offenses, the waiting period is 10 years and you must acquire the consent of the prosecutor to go forward with the expungement. Typical convictions include felonies that resulted in bodily injury to another individual.
Not every crime is capable of being expunged. For example, you can not be a sex or violent offender and get the felony expunged.
It is important to meet with an experienced attorney to guide you through all the requirements to get your convictions expunged. Each section listed above has different requirements that will affect your ability to get the expungement finalized, as well as different results when the order is granted. This law has been amended several times since its inception, so it is important to make sure you are up to date before you proceed.
Andrew Noone has been assisting clients in obtaining expungement since 2014. He has experience through many Indiana courts in obtaining expungements for clients, including all counties in Central Indiana. Noone Law, LLC offers free consultations to determine whether you are eligible to go forward and will properly advise you of what this expungement process can do and what it can not.
Clients have faced a plethora of issues surrounding their convictions for bad decisions they made in their past. These convictions effect their ability to earn a living, to find a place to live, to be able to coach/volunteer/chaperone at their child's extra curricular activities, to obtain a professional license and to regain their civil rights. An expungement can have an impact on your life and will allow you to move forward without the stigma of a conviction hanging over your head. Don’t let your criminal record continue to hold you back, call our office at 317-787-8395 to see whether you can take advantage of this law.