People who are convicted of certain crimes, including felonies, lose certain rights. These can include the right to vote. Felons can also lose their Second Amendment right to possess a firearm. Individuals in Indiana who have served their sentence may opt to pursue an expungement in order to restore this right.
Expungement in Indiana offers individuals the chance to clear their criminal records to provide a fresh start and improve future opportunities. This process can be particularly beneficial for those seeking employment, housing or other opportunities otherwise hindered by a criminal record.
Understanding the expungement process
Expungement is available for people who have been convicted of certain offenses. The nature of an offense and how long it has been since a person completed that sentence determines whether expungement is possible. People who want to have their record expunged must file a petition in the county where they were convicted. The petition must be filled out completely. It needs to include details about the conviction, the reason for seeking expungement and evidence that the applicant has been rehabilitated.
Eligibility and waiting periods
Generally, misdemeanors and Class D felonies, which are now known as Level 6 felonies, are eligible for expungement if at least five years have passed since a conviction and all court-ordered obligations have been met. For more serious felonies, the waiting period is typically 8 to 10 years. Certain offenses, such as many violent crimes, aren’t eligible for expungement.
Benefits of expungement
A record that’s expunged isn’t part of public record. It won’t appear in background checks done by landlords, employers or others. This can increase a person’s chance of finding housing, employment or other opportunities that might not have been otherwise possible because of their criminal record.
Another significant benefit of expungement in Indiana is the potential restoration of one’ Second Amendment rights. As long as there aren’t any other legal restrictions, the expungement restores an individual’s right to bear arms.
The process of expungement can be complex. Having a legal representative can be beneficial for individuals who want to go through the process of having their rights restored through expungement.
