Expungement

Expunging a Criminal Record

Let an Indiana Criminal Expungement Attorney Put Your Past Behind You!

Criminal expungement allows those with a conviction on their record a second chance. Youthful mistakes no longer need to be visible to potential employers, or others who might run a criminal background check. The attorneys at Razumich & Delamater can help you navigate the criminal expungement process.

You can petition the courts to restrict access to your criminal history to law enforcement only – but it requires following a detailed process. This is commonly referred to as expungement. It is now available for most criminal offenses.

An experienced expungement attorney can help you determine if you qualify and guide you through the application process. The type of offense you’re looking at expunging controls when you qualify to ask for an expungement. The time period before qualifying for an expungement in Indiana is currently:

  • No Conviction – If the case was dismissed or otherwise did not result in a conviction, the petitioner must wait one year from the date of the arrest.
  • Misdemeanor Conviction – 5 years from the date of the conviction.
  • Level 6 Felony Conviction – 8 years from the date of conviction.
  • Most Other Felony Convictions – Either 8 years from the date of their conviction, or three years from the date they completed their sentence, whichever is longer.
  • Serious Felony Convictions – Either 10 years from the date of their conviction, or five years from the date they completed their sentence, whichever is longer.

Like with everything in the law, there are a few exceptions to the above timetables. Sex offense and murder convictions are never eligible for expungement, and Serious Felony Convictions require the Prosecutor’s permission to even file a Petition for Expungement.

While expungements for Misdemeanor and Level 6/Class D Felony offenses are automatically granted by the courts when properly file, expungements for other offenses may be at the court discretion. Because of that, many courts require a hearing for an expungement on a felony conviction. No matter your circumstance, the attorneys at Razumich & Delamater can help.

Requirements for a Criminal Expungement

A petitioner must meet the timeline requirements and have no other criminal convictions within that time frame. They must not be a defendant in another open criminal case, and all court fees need to be paid up in full.

Under current Indiana law a person is only allowed one criminal expungement within their lifetime. A future felony conviction can cause the unsealing of a past expungement. It’s also important to understand that an expungement doesn’t wipe a crime off your criminal record (a popular misconception) – it merely limits who can see it.

Razumich & Delamater Can Help

A criminal expungement involves a complicated legal process. Failure to file properly can result in a negative outcome. An expungement attorney can help you ensure the paperwork is properly filed, and that you meet the requirements for the expungement you are seeking. Contact us today to find our more!

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