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February 27, 2019

Am I Eligible for an Expungement in Indiana?

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Posted by: GDS Law Group, LLP

If you have been convicted of a crime in Indiana, you may be eligible for an expungement. An expungement can hide the conviction from your criminal record and make it seem as if it never occurred. It may be just what you need to get approved for a scholarship, rent the apartment of your choice, obtain gainful employment, and more.

Contact a highly skilled Indiana expungement lawyer from GDS Law Group to determine whether you’re eligible for expungement in Indiana. Our firm will thoroughly evaluate your situation and work tirelessly to ensure the best possible outcome. Call us at (765) 313-7092, or reach out through the online form to schedule a free consultation of your case.

What is Expungement?

An expungement is designed to limit what shows up on an individual’s criminal record. While it doesn’t allow the history of a conviction to disappear entirely, expungement makes it unavailable to the general public. Potential lenders, employers, and landlords will not be able to see your conviction if you get your record expunged.

The expungement statute in Indiana’s main purpose is to help residents with misdemeanors or less serious felonies land jobs and improve the state’s economy.

When Can Criminal Records be Expunged?

Under Indiana’s Second Chance Law, there are a number of instances where an individual may be eligible for expungement. You may be able to get your criminal record expunged if you:

  • Are not found guilty, and your arrest did not result in juvenile adjudication or conviction, or your arrest led to juvenile adjudication or a conviction that was eventually vacated.
  • Were convicted of any misdemeanor or class D felony that was later reduced to a misdemeanor.
  • Were convicted of a non-violent felony that was not a murder, sex offense, or a felony that led to human or sexual trafficking or serious bodily injury.
  • Were convicted of a violent or sexual felony including a crime that caused serious bodily injury or a crime as an elected official or candidate. You do not qualify if you are a sex offender or convicted of murder, human or sexual trafficking, or a sex offense.

If you fit into any of these classifications, it’s wise to consult an Indiana expungement lawyer who can confirm whether or not you meet the criteria for expungement and begin the process.

What to Expect From the Expungement Process

Several steps must be completed in order for your conviction to be expunged. First, you must fill out a petition for expungement and attach all required documents. Then, it’ll be time to file the petition with the clerk’s office in your county.

You will need to pay a filing fee. If you are unable to pay this fee, we can inform you of whether you’re eligible for a waiver. Once the filing fee has been paid or the fee waiver has been requested, you’ll obtain a case number.

If you meet the requirements for expungement in Indiana and there are no objections by the prosecution, you may be granted an expungement without a hearing. However, if the prosecution objects to your petition, you’ll be required to attend a hearing. It’s important for a lawyer to build a strong case and prepare you for the hearing if necessary.

Contact an Expungement Lawyer for Help

If you’d like a fresh start through an expungement, it is in your best interest to contact GDS Law Group today. We are well-versed in Indiana expungement laws and have helped many people clean up their criminal records. Call us at (765) 313-7092 today to find out whether you’re a candidate for expungement. We can also be reached online to schedule a free, initial consultation of your case.

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