Do you have prior arrests that were either not filed, dismissed or even resulted in a conviction? If so, you may be eligible for an expungement under Indiana statute and hiring the right expungement lawyer should be of the utmost importance. An expungement in Indiana will in fact have the effect of erasing and cleaning your criminal history to the public and to potential employers.
Convictions or arrests that are visible on your record can act like blemishes, making it difficult for you to obtain jobs or benefits that would otherwise be available to you. You need to know the time limits and time frames that you may be subject to as well as additional requirements that must be met to qualify for an expungement or the sealing of your criminal record.
The Indiana expungement law differs on the severity of the convictions you are attempting to expunge and some require the prosecutor’s approval, especially when attempting to expunge a conviction before your statutory time has elapsed.
Indiana Expungement law is governed by Indiana Code (I.C. 53-38-9) and mandates certain qualifications that one seeking an expungement must meet in order to to file a motion to expunge an arrest. One example of such qualification under the statute is the time frame which differs pending on the type of disposition and level of offense. The time frame consists of the amount of time that must laps before filing a petition to expunge:
Dismissed case/no conviction: 1 year
Misdemeanor conviction: 5 years
D Felony/Level 6 conviction: 8 years
Other Felony convictions: 8 years or 3 years from sentence completion date
Serious Felony convictions: 10 years or 5 years from sentence completion date
One caveat to the above time frame requirement is that the statute allows for a specific petition for early expungement so long as the prosecutor agrees in writing. This can obviously only be accomplished through an attorney’s negotiations and relationships with the prosecutor’s office of the county in which you were charged or convicted.
In some circumstances you may only get one shot at expunging your record so you need an experienced expungement lawyer to guide you through the process and fight for your right to have your record cleaned up. As a former prosecutor, Kevin Potts has the legal expertise and experience to help clean up your record so you can start living your life again. Be sure to hire the right expungement lawyer for your needs. Contact Potts Law LLC today for your free consultation! 317-951-0087