Indiana Expungement of Criminal Records | Indiana Second Chance Law
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Expunge & Seal Criminal Records

Indianapolis Criminal Records Expungement Attorney

 

One of the main questions we receive from clients at Chambers Law Office regarding criminal records is how to file a petition to expunge criminal records. In 2013, Indiana passed a new law for expungements and petitions to seal criminal records. The Indiana Second Chance Law allows an individual to petition the court for an expungement of criminal records or to seal certain arrests or convictions. If the petition is granted, a person’s criminal history is either expunged, sealed, or marked as expunged, depending on the reason a court granted the petition.

 

Below are some of the main requirements for filing a criminal expungement petition in Indiana to either expunge or seal records of an arrest or conviction.

 

Sealing an Arrest Record – If you were arrested but no charges were filed, the charges were dismissed, or you were acquitted, you may be eligible to have the arrest record sealed.

 

If you were convicted of a misdemeanor or a Class D felony or Level 6 Felony that has been reduced to a misdemeanor, you may be eligible to have the conviction expunged if:

 

  • At least five years have passed since the date of conviction;
  • You are not a sex or violent offender;
  • There are no charges pending against you;
  • You paid all fines, court costs and restitution;
  • You do not have more than two felony convictions that involved the use of a deadly weapon;
  • You have not been convicted of a crime within the previous five years.

 

If you were convicted of a Class D felony or Level 6 Felony, you may be eligible to have your conviction expunged if:

 

  • At least eight years have passed since the date of conviction;
  • You are not a sex or violent offender;
  • There are no charges pending against you;
  • You paid all fines, court costs and restitution;
  • You have not been convicted of a crime within the previous eight years;
  • You do not have more than two felony convictions that involved the use of a deadly weapon;
  • You were not convicted of a felony that resulted in bodily injury to another person.

 

If you were convicted of a felony, you may be eligible to have your conviction marked as expunged if:

 

  • At least eight years have passed since the date you were convicted or three years have passed from the date you completed your sentence, whichever is later;
  • You are not a sex or violent offender;
  • You were not convicted of a felony resulting in serious bodily injury to a person;
  • There are no charges pending against you;
  • You paid all fines, court costs and restitution;
  • You do not have more than two felony convictions that involved the use of a deadly weapon;
  • You have not been convicted of a crime within the previous eight years.

 

If you were convicted of a serious felony, you may be eligible to have your conviction marked as expunged if:

 

  • You are not a sex or violent offender;
  • At least ten years have passed since the date you were convicted or five years have passed from the date you completed your sentence, whichever is later;
  • There are no charges pending against you;
  • You paid all fines, court costs and restitution;
  • You have not been convicted of a crime within the previous ten years;
  • You do not have more than two felony convictions that involved the use of a deadly weapon;
  • The prosecuting attorney consents in writing to the expungement.

 

Expungement petitions can be very complicated. You only get one chance in your lifetime to have all of your criminal convictions expunged or sealed, so it is very important that you work with an experienced attorney to make sure deadlines are met and all convictions are included. If you were convicted of offenses in multiple counties, a separate petition must be filed in each county, and all expungement petitions must be filed within 365 days of each other. If you miss these deadlines or fail to include a conviction, you may be barred from ever expunging those convictions. At Chambers Law Office, we have been handling expungement petitions since the law was first introduced and we have experience filing petitions in counties through central Indiana.

 

If you have questions about expunging or sealing your criminal convictions or arrest records, we will take the time to discuss your history with you and if necessary, review your records before we ever get started. We understand that the expungement process can be lengthy and in some cases expensive. Some law firms may take large payments up front before even looking to see if you qualify, but at Chambers Law Office, we strive to make sure you qualify before signing an engagement agreement. In a few cases, if the initial research will be more complicated, we may charge a small consultation fee, but if we are hired later on, that fee is credited to the client’s account. We want to make sure the expungement process is as clear and streamlined as possible.

 

Every case is unique, so contact us today to discuss your criminal expungement petition and to see whether you might qualify to take advantage of this new law. Attorney Julie Chambers is a former deputy prosecutor and handles criminal expungement cases throughout Indiana, including Marion County (Indianapolis), Hamilton County, Hancock County, Johnson County, Hendricks County, Boone County and Madison County. Call 317-450-2971 to speak with an attorney and start the expungement process today!

 

***Click HERE to find more information on the expungement process and how you may qualify to have your civil rights restored, including your right to carry a firearm, through a petition for expungement of criminal records.***