Regain Your Future Through An Expungement
For those in Indiana with a criminal record, expungement offers a fresh start and a chance to move forward without the burden of past mistakes. At Rodriguez Law Firm, Inc., our experienced criminal defense case lawyers, Mladenka Rodriguez and Frank Rodriguez, guide clients through every step of this process.
Understanding Indiana Expungement Laws
Under Indiana law, expungement refers to sealing or permanently removing eligible convictions from an individual’s criminal record. You must petition the courts and present a strong case to convince them to grant expungement. When successful, it’s as if the offense never occurred in the eyes of the law. An expungement can open new opportunities for employment, housing, education and more by clearing one’s record.
Offenses Eligible For Criminal Record Expungement
Many offenses qualify for expungement in the state of Indiana, though the requirements vary. Applicants must meet strict time restrictions before they can pursue expungement for more serious felonies. Factors like the severity of the crime, your age at the time and your subsequent criminal history are all considered. In some cases, the law does not permit expungement at all for certain convictions.
Indiana Expungement Guide
Indiana laws let people seal or erase some criminal records. This can help you get better jobs, housing or schooling. Whether you qualify depends on the crime committed, the time elapsed and the rules you must follow.
| Offense Type/Scenario | Waiting Period (from conviction/arrest/completion) | Additional Requirements | Court Approval Process |
|---|---|---|---|
| Charges Dismissed, Acquittal, or Diversion Program Completed | one year (from arrest) | No new charges during the waiting period | Courts usually approve if you meet all rules. |
| Misdemeanor Conviction or Level 6 Felony Reduced to Misdemeanor | five years (from conviction date) | No new convictions during the waiting period | Courts usually approve if you meet all rules. |
| Level 6 Felony (Not Reduced to Misdemeanor) | eight years (from conviction date) | No new convictions during the waiting period | Courts usually approve if you meet all rules. |
| Some Major Felonies | eight years (from conviction) OR three years (after sentence completion), whichever is later | The prosecutor must agree in writing before you file | Courts look at your petition and situation, even if you meet the rules. |
| Most Serious Major Felonies | 10 years (from conviction) OR five years (after sentence completion), whichever is later | The prosecutor must agree in writing before you file. A strong petition helps because approval isn’t guaranteed | Courts review your petition and situation. A strong petition is important. |
Expungement Offers A Path Forward
Indiana’s expungement laws give people a chance to clear parts of their criminal records. For minor crimes, the process is often straightforward. But serious crimes need more time and approval from a prosecutor. A well-prepared petition can boost your chances.
Clearing your record can open doors to better jobs, housing and education. To succeed, check your eligibility carefully and prepare your petition thoroughly. This can make a big difference in your future.
The Expungement Process In Indiana
When you hire Rodriguez Law Firm, Inc., to pursue expungement, we will thoroughly review your records and determine the offenses eligible for removal or sealing. We petition the courts by filing the required paperwork and presenting evidence and arguments to show why they should grant expungement based on your specific circumstances.
If successful, an expungement results in the court ordering your criminal record to be permanently sealed. This means the expunged offense effectively never occurred in the eyes of the law. It will no longer appear on background checks or be accessible to potential employers, landlords, etc. However, some limited exceptions may apply to certain licensing bodies or government agencies.
Why Should You Trust Us With Your Expungement?
With years of combined legal experience, our attorneys have an impressive track record of results for clients throughout Lake, Porter, and LaPorte counties and other parts of Northwest Indiana. We truly understand the life-changing impact an expungement can have on your future. You can trust in our firm’s commitment to advocate on your behalf.
Indiana Expungement FAQs
Living with the reality of a criminal record means you are likely looking for reliable answers about expunging your criminal history under Indiana law. Below, we answer frequently asked questions about clearing your record to help you understand its impacts and make enlightened legal decisions.
How long does it take for an expungement and sealing of records to impact your job background checks?
After court approval, expungement orders take effect immediately. The practical impact of background checks typically takes 30-180 days as various databases update their records. Once the court seals or expunges a record, standard employment background checks should no longer show it. However, third-party background check agencies may require additional time to update or remove the deleted information, so the full impact may not be immediate.
Can expungement help in restoring eligibility for professional licenses or government positions?
Yes. With an expunged record, you can legally answer “no” to prior conviction questions on most licensing applications, including health care, education and real estate licenses. However, certain high-security government positions may still require disclosure of expunged records. Law enforcement and judicial agencies will maintain restricted access to expunged records as required by Indiana law.
What impact does expungement have on noncriminal records, like social media or news articles?
Indiana expungement laws only apply to official government records and do not extend to private media coverage or social media posts. While your court records become sealed or expunged, news articles, private websites and social media posts about your case may remain publicly accessible. An expungement order provides legal grounds to request removal from private sources, but compliance is voluntary.
Does the expungement process differ for offenses that authorities pardoned versus those for which individuals served time or paid fines?
Yes. Pardoned offenses allow immediate expungement petition filing after receiving the governor’s pardon. Regular convictions require waiting periods of five to 10 years, depending on the offense’s severity. However, both offenses must still go through the formal expungement petition process, and the court maintains discretion in granting expungements.
Begin Your Fresh Start Today
Start regaining your future today. Contact Rodriguez Law Firm, Inc., by calling 219-444-4322 or filling out an online contact form to arrange a confidential consultation about expunging your criminal record.