04 Nov Criminal Law Blog: Applying for Early Expungement
Waiting Period Requirements for Expungement in Indiana
In order to apply for expungement of a criminal conviction in Indiana, the statutes require that a certain amount of time has passed, either from the date of conviction or completion of sentence, depending on the conviction details.
If you are convicted of a misdemeanor, at least five (5) years must have passed from the date of conviction, and you cannot have committed any criminal offense during the proceeding five (5) years from filing the petition.
If you have been convicted of a Level 6 felony (or Class D felony) that did not result in injury to another person, you must wait at least eight (8) years from the date of conviction and you cannot have committed any other offense in the prior eight (8) years from the date of filing the expungement petition.
If you are convicted of a Level 6 felony or Class D felony that resulted in bodily injury, or a more serious felony charge, you must wait at least eight (8) years from the date of conviction or three (3) years from competing the sentence, whichever is longer.
Can the Waiting Period for Filing an Expungement Petition be Waived?
Yes! The waiting period required in the statute can be waived…IF the prosecutor consents. That means that if you can convince the county prosecutor to waive the five or eight year period, you can file you petition right away.
However, depending on the circumstances, just filing a petition isn’t the last step. Some courts require a hearing, and some convictions require the judge to approve the petition.
You can also find more information on expungement requirements HERE.
Should I File My Expungement Early If I Can?
Whether you should file for early expungement, even if you can, depends on your individual circumstances. The more important thing to know is that you can only file for expungement ONE TIME. That means that once you file, if you are later arrested and convicted of a new offense, you will never be able to expunge the new case. So, if you are filing early, you want to make sure that all of your convictions qualify (if you have more than one) and you’re at a place in life where reoffending is not a concern.
Early Expungement in Marion County (Indianapolis)
While you can request early expungement in any county, the majority of the requests come from clients with convictions in Marion County. In order to be considered for early expungement in Marion County, the prosecutor typically wants you to wait about half of the required time (2 1/2 years for a misdemeanor and 4 years for a felony). If you can show a significant amount of time has passed, you’ve completed your sentence, paid all fees, and are unlikely to reoffend, there is a good chance they will approve the request. There are other requirements they require in some cases and the timeline for requesting early expungement can be lengthy, so make sure to discuss all steps and requirements with your attorney.
Top-Rated Indiana Criminal Defense Attorneys
If you have questions about filing for early expungement in Indiana, you can turn to Chambers Law Office for help! We have been helping clients file for expungement since the law was first enacted in 2013. We handle early expungement requests throughout central Indiana. Call 317-450-2971 to speak with an expungement lawyer today!