Indiana’s laws on expungements (I.C. 53-38-9) recently changed on July 1, 2015. Before, anyone arrested or convicted of a crime was forced to live with that mistake for the rest of their lives by having a permanent blemish on their records. Fortunately, under the new law anyone who qualifies can seal or expunge their criminal record. There are many formalities in filing a petition for expungement however and hiring the right defense attorney to assist you is paramount to the successful expungement of your criminal history.
One example of a required qualification under the new expungement 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.
If you or someone you know has a blemish on their record and are interested in having that removed or simply want more information on it, call Kevin Potts today at 317-951-0087 and have an experienced attorney guide you through the process.
