Shaken Baby Syndrome
September 3, 2020
Marriage Dissolution
September 17, 2020

Indiana Expungement

Expunge of criminal record. Expungement written on a document.

Under Indiana law you may qualify to have your criminal arrest records, conviction, and any other records associated with a criminal case expunged or sealed from public viewing. This can be a major help when it comes to improving your background for the purposes of employment, possessing a firearm, and voting.

 

 

Who qualifies for expungement under Indiana law?

In Indiana most people, but not all are entitled to expungement with criminal conviction. All people with a criminal arrest that resulted in the case being dismissed or being found not guilty at trial are entitled to an expungement of records. There are of course some crimes and some people who are specifically not permitted to seek expungement. The laws in this area can be complicated, so it’s best to consult with an attorney to determine whether or not your particular conviction will qualify under Indiana law.

 

 

What is an expungement?

Under Indiana law you are permitted to expunge a criminal arrest or a criminal conviction after a certain period of time has elapsed. The expungement results in a court ordering that the record be sealed from public view. The conviction record is therefore not viewable by any potential employer or anyone conducting a background search. This of course does not mean that all evidence of the conviction will be removed from any sort of big databases. For example, if a conviction in a criminal case resulted in a newsworthy story, the law does not require that the newspaper or publication rescind the story and “scrub it” from the Internet, but an attorney may be able to aid you in gaining this particular relief. The word expungement, sealing of records, and “erased from your record” are essentially the same thing. You should keep in mind that the record of conviction is never erased; it is only sealed from public view. There are certain instances in which it can be used against you – such as for sentencing enhancements if you were to ever commit another crime.

 

Are all convictions able to be expunged?

No. There are certain crimes such as sex crimes, homicide crimes, and other crimes that you simply cannot expunge. In other instances, you may be able to “expunge” record, but anyone conducting a background search will see the conviction listed as expunged. Again, the laws pertaining to expungement are complicated and it is best to consult with an attorney to determine whether your particular conviction is something that can be expunged.

 

What if I was arrested and found not guilty or the case was dismissed, can this be expunged as well?

The answer to this question is almost always yes. The waiting time is also much shorter for these types of expungements. Again consult with an attorney for the best course of action to determine how best to expunge your criminal record.

 

Do I have to expunge all my criminal convictions or can I simply do one at a time?

Indiana law permits you to expunge all expungeable criminal convictions, but you must do so within a certain period of time. Again, it is best to consult an attorney to develop a plan to help determine how to best move forward with your expungement so you achieve your goals.

 

How much do expungements cost?

It depends on numerous factors including: the level of the offense that one must expunge, how long ago the conviction occurred, whether or not it is a conviction or an arrest record, filing fees, the particular county in which the conviction occurred, etc. An attorney should be able to give you a quote as to the expense once they have had an opportunity to fully review your criminal convictions.

 

What information does my attorney need about my criminal conviction in order to conduct the research necessary to answer my questions?

Your attorney will need to know the cause number of your criminal conviction or arrest, the date it occurred, the county occurred it in, and it will also be helpful if you can recall everything you were charged with and the charge that you pled guilty to. It is important that your attorney have the ability to conduct a complete and total criminal background investigation to make sure that every expungeable offense is taken care of and that nothing is missed. This can be particularly difficult when the conviction is an older conviction as databases have developed over the years to be more efficient and searchable.

 

Contact us for a free initial consultation

Contact the attorneys at Boren, Oliver, and Coffey at 765-342-0147 or through our online form today to set up a free initial consultation for us to review your case and provide you with an outline of your various legal options.