Can I Expunge My Arrest if I Am on Probation?

Depending on the state you live in, or the state your charges are filed in, the criminal process of expungement, including the statutes that surround it, will differ slightly. It is best to discuss criminal record expungement with a licensed attorney that has undertaken expungement law in their practice. Choose an attorney that is well-versed in your state’s new or changing expungement laws, and you can rest assure knowing your application is in good hands.

Continue reading to learn which factors can have your application for expungement denied, and whether or not you can apply while on probation for a previous crime.

Arrest Record Lawyer 317-636-7514
Arrest Record Lawyer 317-636-7514

Your Possible Eligibility for Arrest Record Expungement

There are several factors that influence whether or not a person is eligible for criminal record expungement. Primarily, the person has to be crime-free and arrest-free for a number of years, and at the same time, a certain number of years must pass from the date of the criminal charge they wish to expunge. Depending on the charge, crime, and extent of criminal record, the time that must pass will vary. Generally, it must be at least 5 to 8 years for misdemeanors and felonies in Indiana, but can be up to 10 years for more serious crimes. Again, these time obligations vary depending on the state the charges were originally filed in.

For more serious felony crimes, like sexual offenses or manslaughter, are never eligible for expungement. This does not vary from state to state. And to answer the original question of applying for expungement while on probation is no. If a person has pending charges or is on probation for a recent crime, they are not eligible for criminal record expungement, and must wait at least five years from the date of their last arrest before they become eligible again. But depending on the criminal charges, it could be between 8 and 10 years.

What You Need to Do First

It is best to speak with a licensed criminal defense attorney who specializes in Indiana appeals and expungement to learn more about your eligibility. They can evaluate your case and determine the best strategy for your defense. They will be able to facilitate the entire application process for you, correctly. You only have one chance to apply and be granted expungement, once you do so, you can never do so again. So, it is imperative to have an experienced criminal defense attorney help you through the process.

Where to Get Started With Criminal Record Expungement in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about expunging or appealing your arrest records in Indiana. He is prepared to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

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