If you have a past criminal conviction in Indiana, obtaining an expungement can be a crucial step toward a fresh start. Expungement allows certain criminal records to be sealed or erased, providing a clean slate for individuals who have met the legal requirements. Here’s a breakdown of the process.
1. Eligibility Check
Before filing for expungement, it’s important to determine if you are eligible. Indiana law allows for expungement of certain misdemeanors and felonies, but not all crimes qualify. Convictions such as violent crimes, sex offenses, and official misconduct may not be eligible. Additionally, you must have completed all court-ordered conditions, such as probation or restitution, and have no pending criminal charges.
2. Filing the Petition
The process begins with filing a petition in the court where the conviction took place. This petition includes details about the conviction and proof of a completed sentence.
3. Court Review
Once the petition is filed, the court will review it to determine whether you meet the legal criteria for expungement. This may involve a hearing where you or your attorney present your case. If the court grants the expungement, your criminal record will be sealed, meaning it will no longer be visible to the public or in standard background checks.
4. After Expungement
Once granted, expungement allows you to legally state that you were never convicted of the crime. However, certain government agencies, like the Department of Homeland Security, may still have access to your record.
Obtaining an expungement can open new opportunities, such as employment and housing. Consulting with an Indiana criminal defense attorney can help ensure that your petition is filed correctly and increase your chances of a successful outcome. If you’re interested in obtaining an expungement, contact Brinkley Law today for a free consultation at 317-643-1813.
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