Indianapolis Expungement Attorney Serving Clients Throughout Indiana

If you have a criminal record, you may have already encountered significant limits on various aspects of your life, including your employment opportunities. Expungement is a legal process for getting your criminal record sealed so you can move on with your life.

At Lipinski Law, we help people put their criminal records behind them through the legal process of expungement. We can help you determine whether you qualify to have your record expunged in Indiana, and we can guide and represent you throughout the expungement process.

For a free consultation, please call us in Indianapolis at 317-605-9223 or complete our contact form. Lipinski Law represents clients throughout Indiana.

Understanding The Basics Of Expungement In Indiana

Expungement is not the same thing as a pardon. While a pardon is essentially forgiveness of a criminal offense, an expungement involves the sealing of records related to an arrest, charge or conviction. An expungement can happen only after you have fulfilled certain obligations to qualify for expungement. The Indiana Second Chance Law is often called the Indiana expungement law.

How We Can Help

An arrest, a criminal charge or a conviction can make it more difficult to buy or carry a gun, as well as get jobs, housing or loans. Indiana’s expungement law makes it possible to seal a criminal record so you can move on with your life. Founding attorney Arie Lipinski has extensive experience in these matters, as well as matters of sentence modification.

Indiana’s expungement law offers broader relief than expungement laws in other states. While some states may offer only limited misdemeanor and felony expungement, Indiana’s expungement law offers the potential to get some serious felonies expunged. However, you need skilled legal guidance on your side if you want to get even a misdemeanor expunged from your record. At Lipinski Law, we are familiar with the process and all the requirements for expungement in Indiana, and we are here to help you navigate the legal process and put your criminal record behind you.

Lipinski Law can assist you in all aspects of the expungement process, including:

• Confirm that you are eligible for expungement
• Collect case records
• Investigate your criminal record
• Gather all other required documents
• Prepare your expungement petition
• Represent you in court
• Notify state agencies about your expungement

Benefits Of Expungement

Even if your arrest, criminal charge or conviction was in the distant past, your criminal record could still follow you today. Getting your criminal record expunged could be helpful in the following matters:

• Applying for a job
• Issues related to child custody
• Driving privileges
• Licensure for professionals
• Online records for state and local authorities
• Immigration issues
• The right to possess a firearm

Learn More About Expungement In Indiana

Expungement refers to the legal process of sealing or erasing your criminal record. Potential employers, landlords and courts may all ask questions about your criminal history, as well as access your criminal record via background checks or other sources, such as the state’s online case history portal. Expungement essentially prevents access to your criminal record.

In addition, you are not required to answer any questions from potential employers, landlords, educational institutions, lending institutions or anyone else about the expunged criminal charges, convictions or arrests.

When Can I Get My Criminal Record Expunged?

Indiana allows you to expunge your criminal record five years after completing a sentence for a qualifying misdemeanor conviction, and eight years after completing a sentence for a qualifying felony conviction. However, felony convictions are often more difficult to get expunged, and the court has discretion regarding whether to grant expungement of a felony conviction, even if you have met all the requirements.

If you have questions about your eligibility for expungement, we encourage you to contact us in Indianapolis today.

What Types Of Criminal Records Can Be Expunged In Indiana?

The following types of records may be sealed or erased through expungement:

• Arrests
• Criminal charges
• Delinquency adjudications
• Criminal convictions
• Trial court records
• Appellate court records
• Forfeiture records
• Records of post-conviction relief

Some Facts About Expungement

• Generally, each county in Indiana will have its own expungement petition.
• Expungement is a one-time request. In other words, you can request expungement only once in Indiana.
• On your petition, you must list all records that you want to be expunged.

To avoid errors and secure the best possible result, it is crucial that you work with an experienced Indiana expungement attorney. This will help ensure that your request covers all of your criminal history, meets all Indiana Rules of Trial Procedure requirements, and is filed in a timely manner.

What Factors Could Affect My Eligibility For Expungement?

The following information will help you determine if your criminal record qualifies for expungement:

• The nature of the record (arrest, criminal charge, conviction or all three)
• The nature and level of the offense
• How much time has passed since your arrest, charge or conviction

Arrests, Charges And Juvenile Records That Can Be Expunged

Indiana allows for expungement of arrests, dismissed charges and juvenile delinquency records. However, expungement is not an automatic process. Records of an arrest do not automatically disappear even if the charge was dismissed or the charge was never filed. Also, juvenile records are not automatically expunged when you turn 18. If you meet the following criteria, however, you may request expungement:

• The arrest or charge was not a result of a juvenile delinquency adjudication or a conviction
• You are not currently enrolled in a pretrial diversion program
• You have not been arrested in the last year
• You have not been convicted in the last year
• No criminal charges are pending against you at the moment
• You have completed all requirements for the diversion program successfully

If you meet all requirements, the court may approve your request to expungement.

Expungement Of Misdemeanors And Lower-Level Felonies Reduced To Misdemeanors

Expungement is possible for many types of misdemeanors. If you meet all the requirements, you may also be able to get your conviction expunged for any of the following felonies: a level 6 felony or D felony, or a Level 6/D felony that has been reduced to a misdemeanor. However, you must meet the following requirements:

• From the date of conviction, five years or more have passed
• In the five years preceding the request for expungement, you have not been convicted
• No criminal charges are pending against you at the moment
• All fines, fees, and court costs have been paid
• You have already paid the expungement filing fees

Expungement Of D Felonies And Level 6 Felonies

These requirements are required to expunge a D felony, Level 6 felony or Level 5 felony that was not reduced to a misdemeanor:

• Your conviction was at least eight years ago
• In the eight years preceding your request for expungement, you have not been convicted
• There are no criminal charges pending against you at the moment
• All fines, court costs and restitution orders have been paid
• You have already paid the expungement filing fees

If these conditions are met, the court may approve the request for expungement.

Expungement Of Major Felonies

To be eligible for the expungement of a major felony conviction, you must meet higher requirements than those for lesser offenses. Major felonies are C level felonies or higher under the previous sentencing scheme, and Level 5 felonies or higher under the current felony class scheme.

These are the requirements to be eligible for expungement of this type of conviction.

• Eight or more years have passed since your conviction, or three years have passed since the sentence was completed, depending on which is later
• In the eight years preceding your request for expungement, you have not been convicted
• There are no criminal charges pending against you at the moment
• All fines, court costs and restitution orders have been paid
• You have already paid the expungement filing fees

Prosecutor Approval Is Required For The Expungement Of Major Felonies

A prosecutor must approve the request to expunge serious felonies, including:

• Inflicting serious bodily injury on another person
• Infractions while serving in an elected public office or as a candidate for a public office

Expungement is not available for the following offenses.

• Sex crimes or violent crimes under Indiana Code SS11-8-8-5
• Official misconduct under Indiana Code SS35-44.1-1-1
• Homicide, including voluntary or involuntary manslaughter
• A person convicted of multiple offenses involving deadly weapons that are not related to the same criminal incident