Northwest Indiana Expungement Attorneys

In legal terms, to “expunge” a criminal record means to erase or remove it altogether. Expungement is when a court rules to seal your criminal record so that, legally, on public record, it is as if it had never occurred. However, it is not the same as a pardon. It also does not remove your crime reports from news stories or social media, where they will still circulate.

However, an expungement can help you if background checks have kept you from exercising certain civil rights and privileges. Under Indiana’s expungement law, also called the Second Chance Law, you might be able to seal your criminal record, eliminating restrictions you have faced regarding housing, child custody, employment, and more.

It’s important to understand that Indiana’s Second Chance Law only restricts access to your criminal records but does not erase or delete one’s criminal history.

At Worthley Law, we can provide you with legal services to navigate the process of expunging your records and help you get your life back. Call us today in Valparaiso, IN, or reach out online to schedule a free consultation with our expert Indiana Expungement Lawyer.

What Is the Expungement of a Criminal Record?

A past conviction, arrest, or charge can affect you in various ways, even if the event occurred several decades ago or when you were a juvenile. A criminal record can limit you in terms of:

• Employment prospects
• Child custody
• Immigration matters
• The right to own a firearm
• Driving privileges
• Loan qualifications
• Professional licensure or certifications beyond your degree

Expunging Records Under Indiana Law

Indiana expungement law allows for legally clearing arrest or conviction records after you have completed your sentence for:

• Misdemeanor convictions older than five years
• Class D or Level 6 felonies older than eight years
• Felony reductions to misdemeanor convictions

Records Eligible for Expungement

In 2013, the Indiana General Assembly approved new state legislation allowing individuals to expunge adult criminal convictions and arrest records with the help of an expungement lawyer such as our team at Worthley Law.

Since 2013, the Indiana expungement statute has undergone several updates. Read on as we take an in-depth look at the current provisions of this legislation.

Arrests

You may file a petition to the court to expunge the records relating to an arrest, a juvenile delinquency allegation, or a criminal charge. You will only qualify if:

• The arrest, juvenile delinquency allegation, or criminal charge did not result in a juvenile judgment or conviction
• The arrest resulted in a conviction or juvenile judgment, which the court vacated on appeal
• You are not a participant in a pretrial diversion program
• One year has passed since the date of the criminal charge, arrest, or juvenile delinquency allegation
• You don’t currently have any criminal charges pending against you

Misdemeanors

If you have a past misdemeanor conviction, you may file an expungement petition to the sentencing court. This record category can include a Class D or Level 6 felony that the court reduced to a misdemeanor. You will only qualify for a misdemeanor expungement if:

• You have no pending charges against you at the time you are filing the expungement petition
• You settled all court costs, fines, and fees forming part of your sentence
• You satisfied all restitution obligations the court placed on you as part of your sentence
• Five years have passed since the date of your conviction
• You had no criminal convictions within the five years preceding the date of the expungement petition

Felonies

You might be eligible to expunge a felony offense record if you are NOT:

• A sex offender under Indiana Code § 11-8-8-5
• A violent offender under Indiana Code § 11-8-8-5
• An elected official who was convicted of a crime while serving as a candidate for public office or the official’s term

• A felony that caused bodily injury to someone else
• Official misconduct or perjury
• A sex crime
• Human or sexual trafficking
• Homicide
• Two or more offenses involving the unlawful use of a deadly weapon and as separate episodes of criminal conduct

• You had no criminal convictions during the eight years preceding the date of filing the petition
• You have no current criminal charges pending against you on the date of filing the petition
• You paid all court costs, restitution orders, fines, and fees, including the expungement filing fee

How to File an Expungement Petition

Filing a petition to expunge adult criminal conviction records is a civil proceeding on its own, and you’ll need to pay the filing fee for a civil action. No filing fee is payable if expunging a criminal charge, arrest, or juvenile delinquency allegation that did not result in a conviction.

Under Indiana law, you can only expunge adult criminal conviction records once. However, you can file to expunge multiple records within a consolidated petition.

You’ll also need to file a separate petition for each county where your arrest, conviction, or charge occurred. You need to file all expungement petitions in multiple counties within one year.

The Legal Effects of an Expungement

When filing an expungement petition, the main goal is to protect you from discrimination by sealing access to your criminal record so that the general public won’t be able to access your expunged records. Your name will also disappear from the relevant court case records.

Only a law enforcement officer who acts within the course of duty or someone who conducts a background check with a court order can still access your sealed records.

After expunging misdemeanor, Class D, or Level 6 felony records, the court will order Criminal History Services to seal your expunged records and all records relating to collateral actions. The court will also order the following parties not to release your records or personal information:

• The Indiana Bureau of Motor Vehicles
• The Indiana Department of Correction
• Any person, institution, or law enforcement agency that prosecuted, incarcerated, or treated you under a court order

Call an Experienced Expungement Lawyer at Worthley Law

A past mistake and run-in with the law can have a significant impact on various aspects of your life. In some cases, people with criminal records find themselves struggling financially due to limited employment opportunities.

A successful expungement petition can give you a clean slate, and you can move on with your life. It can be like waking up from a bad dream.

At Worthley Law, we are experienced in expungement cases. Your lawyer will provide you with all the legal advice and representation you need to file a petition for expungement. We will also help you navigate the entire process and provide you with regular updates and any additional legal services you might need.

Call us at Worthley Law in Valparaiso, IN, today to schedule an initial consultation.