How to Clean Up Your Criminal Record: The Expungement Process Explained

Having a criminal record can affect your ability to find a job, secure housing, or qualify for loans. Fortunately, Indiana law offers a way to clear your record through the expungement process. Expungement seals past criminal convictions and arrests from public view, giving you a fresh start.

Who is Eligible for Expungement?

Eligibility depends on several factors, including the type of crime and the time that has passed since the conviction. Non-violent misdemeanors and certain felonies may qualify, but not all offenses can be expunged, such as serious violent felonies or sex offenses.

Here are the general guidelines:

• Arrests and Charges: If charges were dropped or you were found not guilty, you can apply for expungement one year after the arrest.

• Misdemeanors: You can petition for expungement five years after the conviction date.

• Class D Felonies (now called Level 6 Felonies): If you completed your sentence and haven’t been convicted of another crime, you can seek expungement eight years after conviction.

• Serious Felonies: These require a longer waiting period (typically 10 years or more) and, in some cases, prosecutorial approval.

  
  

The Expungement Process

1. Filing a Petition: To begin the process, you must file a Petition for Expungement with the court in the county where the conviction occurred. This petition must include details about your conviction, sentence, and why you are seeking expungement.

2. Notification of Prosecutor: Once the petition is filed, the local prosecutor’s office is notified. They have the right to object if they believe you do not meet the eligibility criteria or if the expungement is not in the public’s interest.

3. Court Review: If there are no objections or after a hearing, the judge will review your case. The judge considers factors such as rehabilitation, community involvement, and whether expungement is in the interest of justice.

4. Expungement Granted: If the court grants the expungement, your criminal record will be sealed from public view. Law enforcement agencies and employers generally cannot access sealed records, but expunged convictions may still be visible to certain government entities, such as law enforcement or courts in future criminal proceedings.

   
   

Why You Should Seek Expungement

Cleaning up your criminal record has significant benefits, including:

• Improved employment opportunities: Many employers conduct background checks. An expungement can increase your chances of finding a job.

• Better housing options: With no visible criminal record, you may find it easier to secure housing, as landlords often reject applicants with convictions.

• Peace of mind: Expungement provides a fresh start, allowing you to move on without your past mistakes holding you back.

  
  

Conclusion

Indiana’s expungement process offers individuals a second chance by sealing criminal records. However, it’s a complex legal process that requires attention to detail and adherence to strict timelines. Consulting with an attorney experienced in expungement cases can ensure that your petition is filed correctly and improve your chances of success. If you believe you may qualify for expungement, take the first step towards clearing your record and reclaiming your future.

If you have questions or need help with an expungement, contact a legal professional to explore your options.