Expungement is the act of going through the court system to erase a criminal record from public view. Expunging a criminal record can make it easier for the record holder to gain employment and housing as well as participate in other activities that bar people who have a criminal history. Here are some things that an Indianapolis criminal defense lawyer would want people to know about the expungement law in Indiana.
What Are the Steps for Expungement?
Indiana residents with a criminal record only get one chance to erase their records. The first step is usually to file a petition with the county where the arrest occurred. The petition then goes to a prosecutor in the local area. If any of the crimes had a victim, the court will notify that victim of the request for expungement and ask if they want to give a response.
Who May Be Eligible for Expungement?
In Indiana, files containing records of arrests, charges and convictions are generally eligible for expungement. There may also be other eligibility requirements depending on the nature of the charge and whether the charge ended in a conviction, such as:
- At least five years passed since the conviction
- No pending criminal charges or new convictions at the time of the expungement request
- All fees, fines and court costs cleared
Carefully examine whether any of these requirements might apply before submitting a request for expungement.
What Convictions Are Not Eligible for Expungement?
There are some offenses that are not eligible for expungement, including:
- Homicide and voluntary or involuntary manslaughter
- Certain sex offenses
- Certain crimes involving using a deadly weapon
- Certain acts committed by public servants
In some cases, a criminal defense lawyer in Indianapolis may be able to have records expunged even if they involve one of the above criteria.
If you need assistance with expunging a criminal record, contact Potts Law at (317) 951-0087 or fill out the online contact form.
