Having a criminal record in Indiana holds you back from a heap of opportunities. From employment and school admissions to promotion prospects, banking, leasing a residence, and even dating, your criminal record can play a role in various aspects of your life, and not in a good way. Now that Indiana has a new law permitting the expungement or ceiling of criminal records, you might be wondering which criminal records of yours are eligible. This is a smart question because not all criminal records can be expunged in our state.
Continue reading to learn more about criminal record expungement in Indiana, including which criminal records can be expunged and which cannot.
Indiana’s Second Chance Law
Indiana’s Second Chance Law is a new law recently passed allowing allows those with criminal charges, convictions, and arrests to clear such criminal history upon qualification. However, perhaps the most important rule to expunging a criminal record in Indiana is that a petitioner can only file once in a lifetime.
To make matters more complicated, if a mistake is made, such as a simple spelling error or missed deadline, it could cause an expungement petition to be rejected. In such case, the petitioner would lose their chance to file for expungement forever. For this reason, it is vital to hire an Indiana criminal appeals lawyer for legal assistance with criminal record expungement.
Ineligible Criminal Records
Some criminal charges and convictions are not eligible for expungement. Regardless of how long it’s been since the date of the suspected offense, many felony convictions cannot be expunged in Indiana. Charges in convictions not eligible for expungement include, but are not limited to, the following:
▸ Murder
▸ Sex Crimes
▸ Reckless Homicide
▸ Manslaughter
▸ Feticide
▸ Human Trafficking
▸ Assisting or Causing Suicide
▸ Transferring Contaminated Bodily Fluids
▸ Registered Sex Offenders
▸ Inappropriate Communication with a Child
There are additional charges and convictions that do not qualify for criminal record expungement. Ask your Indiana criminal record expungement lawyer for a complete list on eligible and ineligible records.
What You Can Expunge or Seal From Public Access in Indiana
When it comes to arrest records, so long as there was never a conviction you may qualify to expunge or seal this criminal history from public access in Indiana.
As for misdemeanor convictions, most can be expunged or sealed under the criminal record expungement law in Indiana. However, certain qualifications may apply.
Level 6 felonies, formerly referred to as Class D felonies, may qualify for criminal record expungement or criminal record sealing under certain circumstances.
Are you looking for an aggressive criminal defense attorney to appeal your criminal conviction? Or are you interested in cleaning up your criminal history by taking advantage of Indiana’s Second Chance Law? If so, contact the Law Office of David E. Lewis at 317-636-7514 for professional legal assistance with criminal record expungement and appeals in Indianapolis, Indiana.
You Should Also Read:
The Difference Between a Delinquent Offense and a Status Offense
Common Criminal Law Terms and Definitions
Criminal Record Expungement FAQS for 2021
