Indianapolis Expungement Lawyer

Indianapolis Expungement Lawyer | Expungement Indiana

Do not let your criminal past haunt you. An Indianapolis expungement lawyer from Lipinski Law can help you clear your record. The expungement process allows you to legally seal your records and remove any roadblocks from your life.

How an Indianapolis Expungement Lawyer from Lipinski Law can help

A conviction, arrest, or charge can make it more difficult to get jobs, housing or loans, buy or carry a gun, or improve your overall life. Your criminal record doesn’t have to limit your freedom. Indiana’s expungement law lets you clean your record and move on with your life. An Indianapolis criminal defense attorney like Arie Lipinski can make all the difference when it comes to getting your criminal record cleared.

Expungements in Indiana are different from pardons which allow for the forgiveness of an offense. They seal records related to an arrest, charge, or conviction after the person has fulfilled all obligations. The Indiana Second Chance Law is often called the Indiana expungement law. It allows you to start over again without any criminal records.

Indiana’s expungement law offers greater relief than many other states. While some states may offer only limited misdemeanor and felony relief, Indiana’s expungement law provides greater relief than many other states. 

Why You Should expunge your Indiana criminal record

Your criminal record could still be relevant, even from a distant past. You can still be affected by your past arrests, charges, and convictions in many ways.

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

An Indiana expungement lawyer can help you change the record, even though you cannot change the past.

 

What is a Criminal Record Expungement?

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

An expungement will protect your records from any government access. You are not required to answer any questions from potential employers, landlords, school applicants, lending authorities, or civilians about criminal charges, convictions, or arrests. An Indiana expungement lawyer can help you get a successful petition for expungement to clear your record and give your life a second chance.

Can a Criminal Record Be Expunged in Indiana?

Indiana allows you to expunge after you have completed your sentence for misdemeanor convictions of at least five years, Class D or Level 6, felonies of at least eight years, or felonies reduced to a misdemeanor. This process can be used to seal your criminal records. But, even if all requirements have been met, the court might not grant the request for major felony conviction records to be erased. Unlike a sentence modification in Indiana, expungements happen after you have served your sentence.

2013 saw significant revisions to the Indiana General Assembly’s Indiana Criminal Code. These included major changes to the laws governing expungements. You are protected under the law from discrimination. An Indiana expungement lawyer may seal any conviction for a criminal offense eligible for expungement. Record sealing can restore your life and allow you to legally deny that any criminal record ever existed.

Employers will not see convictions or arrests on their background checks. Applicants for loans, education, or employment are not required to disclose any past convictions if they have been sealed. Expungement has many benefits. The Indiana expungement lawyers at Lipinski Law will help you understand how it applies to your case. Lipinski Law specializes in providing the best post conviction relief Indiana has ever seen.

What Criminal Records can be expunged in Indiana?

The Indiana expungement law allows for the sealing or expungement of certain felony convictions less than eight years old and misdemeanor convictions less than five years old. Below is a complete list of records that can be expunged in Indiana.

The Indiana expungement law allows for the sealing of records for the following items:

  • Arrests
  • Criminal charges
  • Delinquency adjudications
  • Convictions for criminal offenses
  • Trial court records  
  • Appellate court records
  • Forfeiture records
  • Records of post-conviction relief

Each county must have a separate expungement petition.

Importantly, expulsion is a one-time deal. This means that you can only request expungement once in Indiana. You must list all records that you want to be expunged on your petition. You must file a petition to have records expunged in all counties.

Due to these limitations and the complexity of Indiana expungement laws, it is important that you work with an Indiana expungement lawyer. This will 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.

Adult Arrests, Convictions, and Charges can Be Expunged.

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

  • The nature of the record (arrest or charge, conviction, or both)
  • The nature and level of the offense
  • The time since your arrest, conviction, or charge.
  • Additional characteristics of the petitioner

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 if the charges are not dismissed or filed. Also, juvenile records cannot be expunged automatically when the offender turns 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 been arrested for one or more years
  • No convictions have been made in the year preceding your request for expungement
  • 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 will approve your request to erase the records of your arrests or charges or any juvenile delinquency adjudications.

Expungement of misdemeanors and lower-level felonies reduced to misdemeanors.

If you meet all the requirements, you can get your conviction expunged for any of these: A level 6 felony or D felony, or a Level 6/D felony that has been reduced to a misdemeanor as long as you 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.

If these conditions are met, the court will approve the request to erase misdemeanor conviction records.

Expungement 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 made 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 will approve the request to erase misdemeanor conviction records.

Expungement Major Felonies

To be eligible for the expungement or revocation of major felonies convictions, you must meet additional and 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 exoneration of this type of conviction.

  • Eight or more years have elapsed since your conviction or three years 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 Serious Felonies

The prosecutor must approve the request to expunge serious felonies. These offenses are included in this category.

  • Inflicting serious bodily injury on another person through an offense
  • 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 and violent offenders under Indiana Code SS11-8-8-5
  • Official misconduct under Indiana Code SS35-44.1-1-1
  • Homicide, voluntary or involuntary manslaughter
  • A Person convicted of multiple offenses involving deadly weapons that are not related to the same criminal episode

All persons requesting the expungement of serious felonies that are eligible must comply with these conditions:

  • Ten years or more have passed since the date of your last conviction, or five years from the end of your sentence.
  • No convictions have been made in the ten years before applying for expungement
  • There are no criminal charges pending against you at the moment
  • All fines, fees, and court costs have been paid.
  • You have already paid the expungement filing fees
  • The prosecutor agrees to the expungement

Similar to the expungement of major felonies, the court may deny the request to erase these serious felony conviction records.

What a Criminal Expungement Can Do

Your criminal record will be sealed to protect you against discrimination based on past mistakes. Expunged records won’t be available in public records databases. A prospective employer will not ask about any prior arrests or criminal records.

The Indiana General Assembly recently revised the Indiana criminal code’s expungement statutes. These changes have affected Indiana’s ability to expel records. Current law allows for the exclusion of most criminal records. Records are sealed from anyone with access to them, except those who have a court order or an officer in the line of duty. What happens to expunged documents?

  • Signed expunged arrest records will be sealed. If an arrest were made in connection with collateral actions, court records would be redacted to remove the person’s name.
  • These records can be expunged for misdemeanors or D Level or Level 6 felonies.
    • The Indiana Department of Correction and the Indiana Bureau of Motor Vehicles, and any law enforcement agency or person who was incarcerated or prosecuted or provided treatment or service pursuant to a court order shall not be allowed to release records or information regarding the person.
    • The state repository of criminal history information will be ordered to extinguish all records, including those related to any collateral action like a civil forfeiture.
  • Major felony and serious felonies conviction records are treated differently. These records, including records of collateral actions that are public records, are marked “expunged” by the Indiana State Police and the Bureau of Motor Vehicles. They must also add to their records an acknowledgment that the case has been exonerated.

Except for a few exceptions, expungement doesn’t result in the destruction of criminal records. Federal officials and law enforcement officers who do background checks might still be able to access expunged criminal records.

 

Arie Lipinski is The Indiana Expungement Attorney You Can Trust

Arie Lipinski is an Indiana criminal defense lawyer that routinely assists clients in assessing their eligibility for expungement. They also help to see the entire process through to completion. We can assist you in all aspects of the expungement procedure:

  • Confirm that you are eligible for expungement
  • Collecting case records
  • Investigating your criminal record
  • Gathering all other court documents required
  • Prepare your expungement petition
  • Arguing in court
  • Notification of your expungement to the state agencies

 

Contact Indiana Expungement Attorneys at Lipinski Law Today

An arrest record or criminal history can be a permanent reminder of your past. This can prevent you from getting certain jobs or firearms licenses. It can also tarnish your reputation. Your criminal history can also be accessed online by anyone who has an internet connection and knows where to find it. They shouldn’t be allowed to. Why let your criminal record hold you back?

It is time to act now! Contact an Indiana expungement lawyer from our team to determine if you are eligible to file for expungement. Our team is available to offer our clients trustworthy representation and precise information about their eligibility to file. We can help you find a solution to your case and answer all your questions about record sealing.

Do not delay your second chance. To determine if you are eligible for expungement, or to start the process, contact an Indiana expungement lawyer at Lipinski Law.

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