Living with a criminal record in Indiana can feel like a shadow that follows you. A past conviction may make it harder to get a job, rent a home, or handle everyday tasks. If you meet certain rules, Indiana law may give you a way to move forward.
Indiana offers “Second Chance” relief through expungement (and, in some cases, sealing). Additionally, this process can limit what the public can see on a background check and help you rebuild your life.
What expungement can do
Expungement is a legal process that restricts access to your criminal record. After expungement, most employers, landlords and members of the public cannot see the expunged case. Some groups, like law enforcement and certain government agencies, may still be able to access it.
Indiana law provides a structured process and specific legal protections for individuals seeking expungement. Thus, it effectively gives you a chance to move forward from a past conviction.
Are you eligible?
Indiana’s “Second Chance Law” allows you to petition for expungement, but eligibility depends on certain factors. Here are circumstances that affect your eligibility:
- Arrests or charges that didt lead to a conviction: You can typically petition for expungement much sooner. You can file at least one year from the date of arrest or charge, unless the prosecutor consents to an earlier filing.
- Misdemeanor convictions: You may be eligible after a waiting period of at least five years from the date of conviction. You cannot have any pending charges, and you must have completed all terms of your sentence, including probation.
- Certain felony convictions: For Level 6 felony convictions, Indiana law requires a waiting period of at least five years from the conviction date. However, higher-level, non-violent felonies generally require an eight-year waiting period.
- More serious felonies: For some of the most serious convictions, you may not be eligible for expungement under Indiana law.
Other factors can affect your eligibility for expungement. It may also depend on whether you’ve completed your sentence, including probation and whether you have new convictions.
Should you seek legal help?
The expungement process requires filing a petition with the court where you received your conviction. You will need to gather documentation including your criminal history, proof that you’ve completed your sentence and other information.
While you can file for expungement in Indiana alone, the process involves specific legal requirements and deadlines. You may need an experienced professional to ensure you properly file your petition and represent you in the best light. If you believe you may be eligible for expungement, research your options for a fresh start.