EXPUNGEMENT, FOR DECADES, WAS ALMOST NEVER GRANTED IN INDIANA .
ALL OF THAT CHANGED IN 2013.
As of July 2013, the Indiana Legislature (for the first time in our history) passed a most significant statute which allows citizens of Indiana to expunge and/or seal various arrest and convictions from their past which has likely haunted them, as well as prevented them from obtaining certain employment and housing opportunities. It is one of the most significant pieces of legislation in years to help a lot of good people who may have made a mistake or two in their past, who have been suffering profound and unnecessary consequences ever since.
Some are calling it a Second Chance Law. We are calling it a terrific piece of legislation, with some fine tuning surely to take place as it evolves….and long overdue. The Primary Statutory Authority is I.C. 35-38-9-1 and I.C. 35-38-9-2, et. seq. It allows cases where charges were filed but no conviction occurred to be sealed one year after the arrest, not the dismissal date. No filing fee is required under these situations.
There are a number of contingencies with respect to filing these petitions (i.e. No pending charges, no pending driver license suspensions, person successfully completed all terms and conditions of probation, as well as other qualifications depending on the category of offense you are seeking to expunge), and you should always consult an attorney experienced in these proceedings, but some of the fundamental provisions are as follows:
It is was a Misdemeanor conviction – or a D Felony which was reduced to a Misdemeanor – you must wait 5 years after date of conviction. But you can get these old convictions EXPUNGED FROM YOUR CRIMINAL HISTORY. A filing fee is required.
If it was a D Felony conviction, not reduced to a misdemeanor, you must wait 8 years from date of conviction, but after the passage of that time YOU MAY GET THESE FELONY CONVICTIONS EXPUNGED from your permanent Criminal History. A filing fee is required.
The more serious Felony offenses (not including serious bodily injury) require an 8 year waiting period post conviction, and the Felony offenses involving serious bodily injury require a 10 year waiting period and the Prosecuting Attorney of the County in which the petition is filed must consent in writing to these more serious offenses.
Feel free to give us, an experienced INDIANAPOLIS EXPUNGEMENT ATTORNEY a call if you have an old criminal arrest(s) or conviction(s) that has been been weighing you down for years.