The Indiana Second Chance Law offers an opportunity for some individuals with misdemeanor convictions to have those records sealed from the public. Indiana misdemeanor expungement can restore your basic rights and remove the stigma and burdens associated with a criminal record. Read on to learn how to get a misdemeanor expunged in Indiana.
What You Need to Know about Indiana Misdemeanor Expungement
Expungement is a legal process through which criminal conviction or arrest records can be sealed from the public. It is against the law to discriminate against an individual in Indiana on the basis of an expunged record. This means that, once your expungement is granted, employers, renters, lenders, and others can no longer hold your past against you when making decisions regarding hiring, housing, and more.
Expungement lawyers in Indiana can help you evaluate your eligibility, file an Indiana expungement petition, and follow through with the next legal steps to clear your misdemeanor records.
Who Qualifies for an Indiana Misdemeanor Expungement?
To qualify for expungement of a misdemeanor or a Class D (or Level 6) felony that was reduced to a misdemeanor conviction, the following criteria must be met:
- Five or more years have passed since the date of conviction or the prosecuting attorney in the county of conviction agrees to a shorter time period.
- No criminal investigations or charges currently exist against the petitioner.
- The petitioner has not been convicted of any additional crime or crimes in the past five years.
- All fines, fees, and costs related to the conviction in question have been paid.
How to Get a Misdemeanor Expunged in Indiana
There are also some specific additional requirements for filing an Indiana expungement petition. One example of this is that the petitioner must attach a copy of a certified driving record. Following all procedural requirements of the Indiana Second Chance Law is a necessity when filing a petition for expungement. For example, proper notice must be served on the prosecutor in the county of conviction. If specific requirements are not met or proper procedures are not followed, your Indiana expungement petition could be denied.
If you are wondering how to get a misdemeanor expunged in Indiana, you should consult with expungement lawyers in Indiana who know the Indiana Second Chance Law and have extensive, demonstrated experience working in the criminal justice system.
Finding the Right Expungement Lawyers in Indiana
The right to file an Indiana expungement petition is limited by state statute, so timeliness is important. Also, if procedural requirements are not followed, your petition can be denied or dismissed. With a goal as important as clearing your criminal record, it’s worth taking the time to consult with a professional who can assist you in proceeding in the correct manner.
When you need expungement lawyers in Indiana, the attorneys of Dollard Whalin LLP can help. Our knowledgeable attorneys can advise you on criminal defense issues and are happy to discuss your eligibility, or future eligibility, for an Indiana misdemeanor expungement. Contact our office today by calling (317) 854-5877 or completing our online contact form.