Seal Your Criminal History to Move Forward From the Past
One of the most common 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.
Why Hire Our Expungement Lawyers?
Our expungement attorneys have more than 25 years combined legal experience. Julie Chambers has been at the forefront of expungement law in Indiana and has helped clients all over Indiana expunge and seal their criminal records. You can only file a criminal conviction expungement once in a lifetime and you don’t want to risk your expungement with an attorney who doesn’t understand the law. Our attorneys have the experience and knowledge you need when filing for an expungement.
Criminal Expungement, Gun Rights, & Your Civil Rights
The laws surrounding gun rights, civil rights, and criminal expungements are constantly evolving. The current Indiana expungement statute contains language that restores a person’s civil rights once the expungement is granted, including their right to be a “proper person” for gun ownership. However, there a lot of complex issues in this area of law that will determine if a person can get their gun rights back, including what type of conviction they had and if it was a felony or misdemeanor. For example, if you had a domestic battery conviction, simply expunging the conviction will not restore your right to own a firearm. Additionally if you expunge a felony, there are federal laws that dictate whether you can own a firearm.
When filing an expungement to restore your civil rights or gun rights, you need a lawyer who knows the law, understands the intricacies of the laws, and knows how to navigate the system. You can trust the attorneys at Chambers Law Office with your expungement and civil rights restoration petitions because we have been helping clients with their expungement matters since day one and we have the experience necessary to make sure your expungement petition is done right.
Indiana Expungement Requirements
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 of conviction 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, so it is 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.
Experienced Indiana Expungement Attorneys
At Chambers Law Office, we have been handling expungement petitions since the law was first introduced and we have experience filing petitions in counties throughout 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. We want to make sure the expungement process is as clear and streamlined as possible so you understand each step of the process.
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 the Second Chance Law. Attorneys Julie Chambers and Katie Kawiecki are both former deputy prosecutors and handle criminal expungement cases throughout Indiana, including Marion County (Indianapolis), Hamilton, Hancock, Johnson, Hendricks, Boone and Madison counties. 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.***