Have you been convicted of a crime that you believe expungement is an option for? As of July 1, 2013, Indiana law allows for expungement of criminal records under specific circumstances. An individual seeking expungement needs to understand all factors involved in filing a request. First, you need to understand that expungement does not permanently delete your criminal record. It simply seals it from public viewing. It is treated as if the expunged record never happened, but law enforcement can access the records. Importantly, employers cannot use expunged records against you. It is important to be very candid with any attorney you are hiring to file your request for an expungement, as the right to expunge certain cases not eligible for expungement can be lost if you file to expunge other cases that are currently eligible.

Indiana law on Sealing and Expungement of Conviction Records is contained in IC 35-38-9-1. The law allows for the expungement of arrests that do not result in a conviction and expungement of certain convictions. Arrests that do not result in conviction include those that end in diversion programs. An individual seeking to expunge an arrest that did not result in a conviction must wait one (1) year after the date of arrest or one (1) year after date of appellate opinion vacating a conviction (or date adjudication is deemed final). It is important to note that the time starts from the date of arrest. There is no filing fee for requesting expungement under this option. If you are seeking to file under this option, it is advantageous to contact an attorney to determine the proper filing and to be sure you are completing it correctly. If you are seeking to expunge more than one arrest, separate filings will be involved.

For information on expungements of criminal convictions, and information on the required wait time for misdemeanor and certain felony convictions, please contact the attorneys at Tate & Bowen LLP to help guide you through the process at 317-296-5294.

All information included in the above blog is solely for informational purposes. The information above does not create an attorney/client relationship and should not be interpreted as legal advice. Seek legal advice on the topic before relying on any information contained herein, as laws change and the information may be out-of-date. The author of this blog is licensed to practice law in the state of Indiana.

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