Failed a Background Check?

Updated: Dec 1, 2021

Don’t Worry. You're not the only one. What can you do? What options are available? Seeking an Expungement can help you pass your next background check.


What is an expungement?

An expungement is the deletion or sealing of your past arrest or conviction record. Generally, an expunged record is no longer accessible to the public, including employers.


Why do you need an expungement?

  • Studies have consistently shown that employers are reluctant to hire applicants with criminal records, even of minor offenses.

  • Employers might conduct background checks without telling you.

  • Expungement can restore your right to vote and your right to bear arms.

  • Expungement can restore your eligibility for government benefits and financial aid.

Who is eligible?

To be eligible, you must satisfy these four conditions:

  1. Your waiting period has passed (more below).

  2. No charges are pending against you.

  3. You have paid all fines, fees, and court costs.

  4. You have not been convicted of a crime during the waiting period.


Your waiting period varies depending on your criminal record:

  • Arrested but not convicted – you may petition 1 year after arrest or charge, whichever was later.

  • Misdemeanor conviction (including felony reduced to misdemeanor) – you may petition 5 years after date of conviction.

  • Level 6 felony conviction – you may petition 8 years after date of conviction.

  • Non-level 6 felony conviction – you may petition 8 years after date of conviction or three years after the completion of the sentence.

  • Serious felony conviction (involving serious bodily injury) – you may petition 10 years after the date of conviction or 5 years after the completion of the sentence.

Step-by-step guide:

  1. Check if you meet the four conditions listed above.

  2. Contact us at 317-643-1813.

  3. Answer a short list of questions.

  4. Let us do the rest!

If you have a criminal record, Brinkley Law knows what you're going through and would like to help you get the second chance you deserve.


For more information, contact us at any time at 317-643-1813 or book an appointment online.

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