Do you have questions about expunging your record in Indiana? Our expert attorneys have answered the most commonly asked questions for you! Simply click on one of the questions below to see its answer. If you are ready to get your record expunged or would like to learn more about your options, please visit our Indiana expungement service page. If you would like to find out if your record is eligible for expungement, please take our free online eligibility test.
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If you were not convicted, Indiana offers two possible options for arrest record relief depending on the circumstances of your arrest.
To be eligible for an arrest record expungement, your arrest must not have lead to charges being filed against you, or the charges must have been dropped due to mistaken identity, the court must have found that no offense was in fact committed, or there must be an absence of probable cause for the arrest. Having your arrest record expunged means that your fingerprints, photographs, and arrest records are not available to the public and no information concerning the arrest can be retained in the state repository for criminal history information. (IC 35-38-5-3)
To be eligible to seal your arrest, your arrest must not have resulted in a conviction, or if it did result in a conviction, it must have been vacated upon appeal. Having your arrest record sealed means that the court has ordered that your arrest record is sealed so that only a criminal justice agency will have access to the records. (IC 35-38-9)
We can expunge your conviction regardless of what you pled as long as you have met the other requirements.
We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee that we will then apply to the cost of any service that you then hire us to perform.
Expungements must be filed and completed per case. Therefore, we charge per case, so the number of counts against you in each case do not matter. If, however, you sign up for multiple cases then we discount the additional cases.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) additional charges are pending, (4) the person has not yet met the required waiting period to become eligible.
You can only expunge certain federal cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.
No, you not need to attend court. We will send an attorney on your behalf. If the court does request your presence and you are unable to attend, then we will file a motion for your presence to be excused.
A petition for expungement of conviction records must be filed in the sentencing court. (35-38-9) A petition for expungement of arrest records can either be filed in the court where charges were brought, or if no charges were filed, in the court that has jurisdiction in the county where the arrest occurred. (IC 35-38-5-1(b))
The average Indiana expungement takes approximately four to six months. However, some expungements can take less or more time depending on the details of the case, whether the DA agrees or objects, the age of the case, etc. We work on your case as fast as we can and will assist the court and DA with anything they need to get your case heard and decided.
The courts work on cases in the order they are received. The sooner you get started, the sooner your case can be granted. Also, if it is helpful, will gladly write your employer or potential employer a letter letting them know we are in the process of having your case expunged.
You will receive a court order signed by the judge, and the court will order the Department of Corrections, the Bureau of Motor Vehicles, each law enforcement agency, and any other person who incarcerated, provided treatment for, or provided any other services to the person under an order from the court to not disclose the records to anyone without a court order. The court will also order the state, regional, or local central repository for criminal history information to send the person's records to court. It will also seal any court records relating the the allegation that the conviction was based on, and will notify the clerk of the supreme court to seal any records in their possession that relate to the allegation and the conviction if an appeal was taken. (IC 35-38-9(3))
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then there is a money-back guarantee for certain services.
In the unlikely case that your expungement is denied, we have a money-back guarantee for certain services. Please view the pricing for details regarding the money-back guarantee.
You do not have to disclose the case and can answer with confidence to any inquiry or to an application for employment that you have not been arrested or convicted of any case that has been expunged. The case shall be treated for all purposes as if the person had not been arrested for or convicted of the felony or misdemeanor recorded in the expunged records. (IC 35-38-9) It is unlawful for anyone to refuse to employ, grant or renew a license, or discriminate against a person due to an expunged or sealed record. (IC 35-38-9-10)
If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance into Canada and further action will be required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States, so the Canadian government will have whatever information the United States has on file. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of setting aside will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.
The Border Patrol has discretion in granting or denying Sentri passes. So, the only thing we can say for sure is that it would help; investing in record clearing before applying for a pass would be advantageous. A modest investment in getting a set aside could be the difference between having your request accepted or denied. The set aside will show that you have resolved all matters with the court.
You can vote if you are not currently imprisoned. In order to be eligible to register to vote, you must: • be a citizen of the United States, • be at least 18 years old on the day of the next general, municipal, or special election, • have lived in your precinct for at least 30 days before the next general, municipal, or special election (except for certain military voters); and • not currently be imprisoned after being convicted of a crime. https://indianavoters.in.gov/publicsite/ovr/introduction.aspx
Yes, after expungement all your civil rights are restored, including the right to vote, hold public office, and serve as a juror. (IC 35-38-9-10(b))
Criminal violations may have severe consequences for immigrants, even if the crime is expunged/vacated/sealed. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, getting a case-by-case analysis tailored to your specific facts is imperative. To find out if your criminal conviction will impact your immigration case you must contact a qualified immigration attorney. Our in-house immigration attorney is available to answer questions at 714-617-8395.
Yes, so long as you have no other disqualifying convictions or other prohibitions in Indiana or elsewhere. (IC 35-38-9-10(b))
Yes. If the court grants the expungement, then the court will order the Bureau of Motor Vehicles to prohibit the release of the person's records relating to the expunged case without a court order. (IC 35-38-9)
In Indiana, you may serve on a jury if you 1) are a United States citizen, 2) are at least eighteen years of age, 3) are a resident of the summoning county, 4) are able to read, speak, and understand the English language, 5) are not suffering from a physical or mental disability that would prevent you from satisfactorily carrying out the duties of a juror, 6) are not under a guardianship appointment because of mental incapacity, 7) are not a person who has had your rights revoked due to a felony conviction, unless your rights have been restored, 8) are not a law enforcement officer if the trial is for a criminal case.
In most instances, no, the record will not show up. However, the effect of the expungement varies depending on whether you were convicted of the offense and the level of the offense. For an arrest record, if you receive an expungement, your fingerprints, photographs, and arrest records are not available to the public and no information concerning the arrest can be retained in the state repository for criminal history information. (IC 35-38-5-3) If your arrest record is sealed, then all files of the case are sealed and only criminal justice agencies will have access to your record without a court order. (IC 35-38-9-1)
For a conviction expungement, of a misdemeanor or felony D, the expungement will prohibit the release of the records through the Department of Corrections, Bureau of Motor Vehicles, law enforcement agencies, and any other person in possession of the records. No information concerning the conviction may be placed or retained in any central repository for criminal history information and no records may be disclosed without a court order. (IC 35-38-9-6) If the expungement is of a felony conviction other than a class D, the court records and other records relating to the arrest, conviction, or sentence will be marked as expunged. The state police, bureau of motor vehicles, and other law enforcement agencies will add an entry to the criminal history database marking the record as expunged. (IC 35-38-9-7)
The court will send the granted order to all agencies in possession of the records and order them to seal the records.
After your case is granted, the relevant government agencies typically takes 30-60 days to update their records. You should keep a copy of your granted order just in case.
If your case is reduced but not expunged, the felony will appear as a misdemeanor conviction. If you case is reduced and expunged, the entire case will appear as a dismissed misdemeanor.
You can state that the case is a misdemeanor case instead of a felony. If, however, you have the case expunged, then you will only have to disclose the conviction in certain circumstances.
Since you will no longer have a felony on your record, your chances of obtaining employment will increase.
Typically, the case takes about four to six months.
To be eligible for reduction, a person may not have been convicted of a felony since they completed the sentence for the initial Class D Felony.
You will receive a court order reducing the felony conviction. Criminal record databases will be updated to reflect your felony was reduced to a misdemeanor.
Yes, so long as you have no other disqualifying convictions or other prohibitions in Indiana or elsewhere.