Indiana Theft Expungement

Fort Worth criminal lawyer petitions court for burglary convictions

A record of an arrest for theft, and especially a conviction of a theft crime, can make employers, lenders and other institutions view you as dishonest, which can be a basis for denial of certain types of benefits. However, you might be able to get a fresh start by having the record expunged. An Indiana theft expungement lawyer from the Law Offices of Ryan E. Lackey has the skill and experience you need to make the most persuasive case for wiping the slate clean.

Can a theft crime be expunged in Indiana?

Most theft crimes may be expunged, including burglary, embezzlement, shoplifting, employee theft, forgery, fraud and receiving stolen property. However, the requirements for expunging them depend on the specific crime involved. An Indiana expungement lawyer from our office is ready to seek this relief on your behalf if you are eligible.

Theft crimes that may not be eligible for expungement

You might not be able to have your record expunged if you were convicted of a theft crime that:

• Resulted in serious bodily injury to another person
• Involved the use of a deadly weapon, if you committed at least one other felony involving the use of a deadly weapon on at least one other occasion
• Was committed while you were a candidate for or were serving in elective office

We will review your record and determine whether you are eligible to pursue expungement.

Waiting period for expunging a theft crime

The time you must wait before filing a petition to expunge a theft crime depends on the specific nature of the crime and on whether you were convicted. If you weren’t convicted of the crime, you need only wait one year after your arrest. If you were convicted but an appellate court overturned the conviction, you may seek expungement one year after that ruling. You must wait five years if you were convicted of shoplifting, theft of property valued at less than $100,000, auto theft or receiving stolen car parts. If you were convicted of more serious theft crimes, the waiting period is eight years. However, you may file earlier if the prosecuting attorney agrees. We will determine how long you must wait to petition for expungement and seek the prosecutor’s consent for you to do so earlier.

Requirements for expunging a theft crime in Indiana

If you are eligible to expunge a theft crime or crimes, you must meet certain requirements before filing a petition. You must:

• Complete the waiting period or receive the prosecuting attorney’s permission to file earlier
• Have no pending charges
• Pay all fines, fees and court costs due as a result of any prior convictions
• Have committed no other crimes during the waiting period (or any shorter period allowed by the prosecuting attorney)
• Have not petitioned to expunge any other crimes

If you qualify for an expungement, we will file a petition to expunge your theft crime on your behalf.

Preparing for an expungement petition of a theft crime

The expungement petition must be sworn or affirmed by you and must contain the information necessary to establish your entitlement to relief. If we represent you, we will begin preparing for your expungement by obtaining your entire criminal record, not merely the parts you’re eligible to expunge. We will also obtain any other information and evidence that must be included in the petition or presented at a hearing, if the court orders one. If the waiting period hasn’t yet expired, we will ask the prosecuting attorney for permission to file early.

Get a veteran Indiana theft expungement attorney on your side

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