Everyone messes up in life. Sometimes you mess up with the law and you can find yourself being arrested or even worse, being convicted of a misdemeanor or felony. If you live in Indiana, though, you may be able to expunge these convictions or the arrest.
Getting a 2nd chance in life doesn’t come often and if you do live in Indiana, you should be grateful you live in a state with such a progressive law. That’s why Indiana’s expungement law is also known as the Second Chance Act. The law was orchestrated to help those with a checkered past (ie, mistake) move forward with their life and not have their past hold them back from any opportunity.
Indiana allows for some misdemeanors and felonies to be expunged – wiped clean from your record. To get a little more granular, you can expunge the following items from your record:
Class D Felony which did not involve injury to another person
Serious Felonies (that did not result in bodily injury to the other person)
Serious Felonies (that did result in bodily injury to the other person)
So why would you want to expunge your record? Well, the most popular reason to expunge your past convictions is so that you can obtain gainful employment. Most of our clients come to us because they want to get a job and most employers won’t even talk to them if they’ve been convicted of any sort of crime. Expunging your record allows you to legally say you were not convicted of the crime.
As we said before, not all crimes are eligible for expungement. For example, if you have any charges pending against you, you can’t file for an expungement. You also can’t be a registered Sex Offender under Indiana Law. If the conviction you’re trying to expunge is any of the following crimes: Official Misconduct (IC 35-44.1-1-1), Homicide (IC 35-42-1), Human and Sexual Trafficking (IC 35-42-3.5), or a Sex Crime Offense (IC 35-42-4) then you’re out of luck.
There is also a waiting period to expunge your record. For a misdemeanor, you only have to wait five years from the date of your conviction, and you must not have been convicted of any other offense within the previous five years. The waiting period for a Class D Felony or non-violent serious felony is eight years from the date of your conviction, and no other convictions within the previous eight years. Serious felonies involving bodily injury to another require the consent of the Prosecutor’s Office and have a ten year waiting period.