Expungements
Terre Haute Expungement Lawyer
A criminal conviction can cause detrimental consequences. An expungement is a court-ordered process in which the legal record of certain criminal convictions are expunged.
What Is the Indiana Second Chance Law?
In 2011, the Indiana Legislature enacted a law that allows people to seal portions of their criminal record. The legislation was in July 1, 2013. The new law is called the “Indiana Second Chance Law.”
If the court grants the expungement petition, your expunged convictions will not appear on a criminal history check by employers or other individuals. Criminal courts, prosecutors and the police will still have access to your expunged conviction.
Who Is Eligible to Have a Criminal Record Sealed Under the Indiana Second Chance Law?
Expungements for Individuals Convicted of a Misdemeanor, Including Class D Felony Reduced to a Misdemeanor
This section applies only to a person convicted of a misdemeanor, including a Class D felony or Level 6 Felony reduced to a misdemeanor.
At least five years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), the person convicted of the misdemeanor may petition the court to restrict access to: records contained in a court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and the files of any other person who provided treatment or services to the petitioning person under a court order; that relate to the person’s misdemeanor conviction.
The court will order conviction records to be restricted if there is convincing evidence that:
- the period required by this section has elapsed;
- no charges are pending against the person;
- the person does not have an existing or pending driver’s license suspension;
- the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and
- the person has not been convicted of a crime within the previous five (5) years.
Expungements for Individuals Convicted of a Non-Violent Felony
Except as provided in subsection (b), this section applies only to a person convicted of a felony.
(b) This section DOES NOT apply to the following:
(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in serious bodily injury to another person.
(4) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4
At least eight years after the completion of the person’s sentence (including the completion of any term of supervised release and the satisfaction of all other obligations placed on the person as part of the sentence, unless the prosecuting attorney consents in writing to an earlier period), a person may petition the court to restrict access to a court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and the files of any other person who provided treatment or services to the petitioning person under a court order; that relate to the person’s felony conviction.
The court will order conviction records to be restricted if there is convincing evidence that:
- the period required by this section has elapsed;
- no charges are pending against the person;
- the person does not have an existing or pending driver’s license suspension;
- the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and
- the person has not been convicted of a crime within the previous eight (8) years;
Expungements for Individuals Convicted of a Violent or Sexual Felony
Except as provided in subsection (b), this section applies to a person convicted of a felony, including:
(1) an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and
(2) a person convicted of a felony that resulted in serious bodily injury to another person.
(b) This section DOES NOT apply to the following:
(1) A sex or violent offender (as defined in IC 11-8-8-5).
(2) A person convicted of an offense described in IC 35-42-1; IC 35-42-3.5; or IC 35-42-4.
At least ten years after the completion of the person’s sentence (including the completion of any term of supervised release and the satisfaction of all other obligations placed on the person as part of the sentence, unless the prosecuting attorney consents in writing to an earlier period), the individual may petition the court to restrict access to records contained in a court’s files; the files of any other person who provided treatment or services to the petitioning person under a court order that relate to the person’s felony conviction.
The court will order conviction records to be restricted if there is convincing evidence that:
- the period required by this section has elapsed;
- no charges are pending against the person;
- the person does not have an existing or pending driver’s license suspension;
- the person has successfully completed the person’s sentence, including any term of supervised
release, and satisfied all other obligations placed on the person as part of the sentence; - the person has not been convicted of a crime within the previous ten (10) years; and
- the prosecuting attorney has consented in writing to the expungement of the person’s criminal records; the court may order the conviction records described in subsection (c) marked as expunged in accordance with section 7 of this chapter.
If you wish to have your case analyzed by Rowdy to ascertain if your conviction qualifies for expungement, call him today. He will explain the law to you and help you achieve the goals of your case.
