Expungement
Benefits
EXPUNGEMENT BENEFITS
- Employment
- Expungement provides protections against discrimination in the workplace. Pursuant to the expungement law, an individual whose arrests and/or convictions have been expunged is to be treated as though they were never convicted of the offense. It is unlawful discrimination for an employer to refuse to employ or otherwise discriminate against an individual based upon a record that has been expunged. Ind. Code 35-38-9-10
- The expungement law also allows for individuals whose convictions prevented them from obtaining a professional license to apply for consideration without the fear of the expunged conviction prohibiting them from applying.
- The expungement law was designed by the legislature to allow for individuals to obtain better employment without the worry of their expunged conviction prohibiting them from applying for the job or sending their application to the bottom of the stack.
- Civil Rights Restoration
- An expungement results in a restoration of an individual's civil rights, including the right to vote, to hold public office, to serve as a juror, and to be a proper person under Ind. Code 35-47-1-7 (2). For information on the restoration of gun rights, please click on our gun rights tab above.
- Volunteering/School Chaperone/Coaching
- An expungement can also allow for parents to move forward in chaperoning school events or coaching their child's team without the fear of their embarrassing criminal past hindering them. As many clients are aware, it is common place in today's environment for schools, sports organizations, and other extra curricular activities to require that parents undergo and pass a criminal background check to volunteer in their child's activities.
- Peace of Mind
- Indiana's expungement law provides clients with an opportunity to obtain relief from discrimination for their past decisions. There are several different types of expungement categories under the law. These categories are organized according to the nature of the underlying arrests and convictions. Certain convictions, primarily Misdemeanors and Non-Violent Class D Felonies, will have access to the records restricted and sealed from the public. Said records include those maintained by the Indiana State Police, the arresting agencies, the sentencing court, the probation department, the bureau of motor vehicles (if driving related) and any other person or entity who incarcerated, provided treatment for, or provided other services for the person. Other more serious Felony convictions will result in an entry of "expunged" being clearly and visibly placed on the records relating to the person; however, those more serious conviction records do remain public records. It is important to talk to an experienced attorney about what an expungement does and doesn't do.