Indiana Expungement Process

Fort Worth criminal attorney files petitions for expungement

Having a criminal record that is accessible to the public can be a detriment in many aspects of your life. Even if you were acquitted of charges, the very fact of being arrested might stop you from gaining employment, housing, financing or certain other societal benefits. However, this stigma might be removed if you qualify for expungement. The Law Offices of Ryan E. Lackey has the experience you need to navigate the Indiana expungement process with the best hope of success.

How long does expungement in Indiana take?

It typically takes a few months to expunge a record in Indiana. Once you file your petition to expunge, the prosecutor has 30 days to object. If the prosecutor objects, or if the court believes it needs to take evidence before ruling on the request, it will schedule a hearing no less than 60 days after you file. Once the court has acquired sufficient information, it will issue an order granting or denying expungement. We seek to complete the process of expungement on your behalf as soon as we reasonably can.

Waiting periods for expunging criminal records

The following are the time periods you must wait before petitioning to expunge different types of criminal records:

• No conviction of a crime or adjudication as a juvenile delinquent — One year from arrest
• Conviction or adjudication vacated on appeal — One year from vacatur
• Conviction of a misdemeanor, including one reduced from a felony — Five years after conviction
• Conviction of Class D or Level 6 felony — Eight years after conviction
• Conviction of felony committed while seeking or serving in elective office — 10 years after conviction or 10 years after completion of sentence
• Conviction of felony causing serious bodily injury — 10 years after conviction or 10 years after completion of sentence
• Other felonies — Eight years after conviction or three years after completion of sentence for certain other less serious felonies

These time periods can be shorter if the prosecuting attorney gives you written permission to petition for expungement earlier. We will seek a shortening of the timeline for the expungement process whenever possible

Filing a petition for expungement in Indiana

If you are eligible for an expungement, you must file the petition in court in the county where the criminal charges or juvenile delinquency charges were filed or, if none were filed, in the county where you were arrested. The petition must be sworn or affirmed by you. It must include details about your identity, the arrest and the criminal charges or juvenile delinquency adjudication. If you were convicted or adjudicated, and your conviction or adjudication was not reversed on appeal, you must also list any and all convictions you have. You must also state that the relevant waiting period has expired, that you have no pending criminal investigations or charges and that you have not committed a crime within the relevant waiting period. If the prosecuting attorney’s consent is required, you must obtain it and attach it to the petition. As your attorneys, we prepare the petition thoroughly and present the strongest evidence possible.

The court hearing process for Indiana expungement

If the prosecuting attorney does not object, the court may grant your expungement petition without a hearing. If the prosecutor objects, he or she must state the reasons for doing so. The court will then schedule a hearing, at which the victim of the crime may submit a statement supporting or objecting to your request. The court will then decide whether to grant or deny your petition. An experienced Indiana expungement attorney can be particularly effective in overcoming prosecutors’ objections.

After expungement orders are granted

Once the court grants the petition, it will order expungement of the applicable records. As your attorneys, we will follow up to make sure that occurs. If the petition is denied, we can either appeal that decision or refile the petition, depending on which will be most likely to succeed.

Get a veteran Indiana expungement process attorney on your side

The Law Offices of Ryan E. Lackey provides sound advice and effective representation during the expungement process. For a free consultation, please contact the firm online or call us at 260-222-7364.