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Noblesville, IN Expungements Attorneys
If you have a criminal record, you’ve likely experienced many of the ways it holds you back or makes life more difficult. Whether you tried to advance your education, obtain a professional license, or apply for a new job, the fact that you have a prior arrest, criminal charges, or a conviction attached to your name has likely created limitations. You also may be embarrassed about a mistake in your past. For all of these reasons and more, you should speak with a Noblesville expungement lawyer at GDS Law Group about whether you can expunge your criminal record.
Under certain circumstances, you can ask the court to permanently seal your record so that it no longer affects your personal and professional life. At GDS Law Group, our Hamilton County criminal defense lawyers have assisted countless people with sealing their records, giving them a much needed fresh start. Let us evaluate your eligibility to obtain an expungement in Indiana and help you lift the restrictions on your life.
Expungement in Indiana
In Indiana, expungement may or may not be available based on what is on your criminal record in accordance with IC §35-38-9. An arrest that did not lead to charges is not treated the same as a misdemeanor conviction, which is also treated differently than felony expungement. You need to speak with an experienced Indiana expungement attorney to discuss your particular record and how it relates to Indiana expungement law.
You were arrested, but it did not result in a conviction (IC §35-38-9-1)
If you were arrested, but it never led to a criminal conviction or juvenile adjudication, then you may have your record expunged. This statute also addresses convictions or adjudications that were appealed and vacated. You only need to wait one year after an arrest that did not lead to a conviction or after the date the ruling was vacated to file an expungement petition.
You were convicted of a misdemeanor (IC §35-38-9-2)
If you were convicted of any misdemeanor or a class D/level 6 felony that was later reduced to a misdemeanor, you may work with an expungement attorney to seal your record. Five years after the date of your conviction, you can seek a misdemeanor expungement.
You were convicted of a Class D/Level 6 felony (IC §35-38-9-3)
This expungement option does not apply to any sex offense, murder, offenses that result in serious bodily injury, human or sex trafficking, or any other violent crime. You also are not eligible for felony expungement if you were convicted while in office or while running to be an elected official. You must wait eight years from the date of your conviction to seek to expunge a class D or level 6 felony.
You were convicted of a certain low-level, non-violent felony (IC §35-38-9-4)
If you are not eligible for expungement under IC §35-38-9-3, then you should talk with a Noblesville expungement attorney about expunging a non-violent felony at least eight years after your conviction date, or three years after the completion of your sentence.
You were convicted of a violent or sexual felony (IC §35-38-9-5)
If you were convicted of a more serious felony, your opportunity to expunge your record is limited. You should speak with an expungement lawyer before pursuing this option. You cannot expunge a felony that resulted in serious bodily injury or was a sex offense. You cannot expunge a felony that occurred while you were an elected official or were running. If your offense is eligible for expungement, you must wait at least 10 years from the date of your conviction or five years from completing your sentence. You must also obtain the prosecutor’s consent.
DUI Expungement in Indiana
A common misdemeanor conviction in Indiana is for drunk driving, which may be known as an OWI, DWI, or DUI. If you have a DUI on your record, you may wonder whether you can have it expunged. The simple answer is that DUI expungements in Indiana are available, but usually depend on the circumstances involved, the severity of the DUI, and how long ago the DUI occurred. Under Indiana law, you may file a petition to expunge a misdemeanor DUI after at least five years have passed from the date of the conviction. For felony DUI convictions, the waiting period could be between eight and ten years. You would need to have completed your entire sentence including paying all court costs and fines. You also cannot have been charged with any other crimes in the allotted period.
It is best to talk with an experienced Noblesville DUI attorney about your options after a DUI. If you are eligible to seal your DUI record, our expungement lawyers can guide you through the expungement process.
Steps of the Expungement Process in Indiana
If you speak to an expungement attorney in Noblesville and determine you are eligible, then these are your attorney’s next steps:
- Obtaining necessary documents to be attached to your expungement petition, including documents related to your conviction.
- Completing the expungement petition.
- Filing the expungement petition with the attached paperwork and copies with the county clerk’s office where you live.
- Paying any necessary filing fee or request a waiver—fees vary depending on the county’s fee schedule.
- Obtaining your case number and hearing date.
- Attending your expungement hearing, if required.
In some cases, an expungement hearing may not be necessary. If you meet all of the eligibility requirements, properly file your petition, and the prosecutor does not object, then the judge may grant the expungement without requiring a formal hearing. That being said, a judge may require a hearing, or a prosecutor may object, necessitating a hearing. Whatever the case, our expungement lawyers will be prepared to argue on your behalf.
Contact Our Noblesville Expungement Lawyers for Help
If you have an arrest, criminal charges, or conviction on your criminal record, and you are tired of it holding you back, call GDS Law Group today. Our expungement attorneys are here to review your eligibility under Indiana law. If you meet the criteria, our Noblesville attorneys can guide you through the expungement process. If you would meet the criteria after waiting for an additional period, we will make sure you know when you will become eligible to file a petition.
We want to help you move forward in life, and we believe a past mistake should not be a permanent hurdle to your success. Contact GDS Law Group through our online form, or call 317-550-5339 to schedule a free, no-risk consultation.