Sealing a Criminal Record in Indiana

Fort Wayne attorney works to shield records from public view

Having a criminal record accessible to the public can damage your reputation and make it difficult to secure employment, housing, financing and other societal benefits, even if you were not convicted of the charged offense. The Law Offices of Ryan E. Lackey can provide you with skilled and experienced representation in the process of sealing a criminal record in Indiana.

Indiana waiting period for convictions vs. non-convictions

You cannot petition to seal your record immediately after your criminal case ends. The length of the waiting period depends on whether or not you were convicted of the crime. You must generally wait one year after your arrest before petitioning to seal a record of a crime for which you were not convicted. Or you must wait one year after your conviction was vacated on appeal. If you were convicted of a misdemeanor, even one that was reduced from a felony, you may petition to seal your record five years after your conviction. If you were convicted of a felony, the waiting period is eight years. In each case, however, you may file a petition before the waiting period expires as long as the prosecuting attorney agrees. A Fort Wayne expungement lawyer can determine when you can file and can assist with filing the petition if you are eligible.

Sealing juvenile records in Indiana

A juvenile crime is one that you commit when you’re a minor and that is adjudicated in the juvenile justice system. If you have a juvenile record, you can petition the court to seal it one year after your date of arrest if any one of these occurred:

• You never went to court.
• Your case was dismissed.
• Your case went to trial but you were not adjudicated a juvenile delinquent.

We can help you seal your juvenile record if you qualify.

Sealing records with multiple offenses

You may seal criminal records of multiple offenses in some circumstances. You may not seal a record if you were convicted of a crime within the past five years (or a shorter waiting period agreed to by the prosecuting attorney) or if you were convicted of two separate crimes involving the unlawful use of a deadly weapon. We will advise you of the options available and work to seal all records possible.

Offenses not eligible for sealing in Indiana

The rules of expungement eligibility prevent sealing the records of convictions of certain crimes. These include homicide, assault and battery and crimes that caused bodily injury, involved human trafficking or perjury or were committed while running for or serving in elective office. We can determine which offenses on your record are eligible for sealing.

The process for getting a criminal record sealed

You start the process by filing a petition that you have sworn or affirmed. It must contain the information the court needs to decide if you meet the statutory requirements for sealing your record. If you were not convicted of a crime, or if your conviction was reversed on appeal, you can file without a fee and the court can grant your request without a hearing. If you were convicted, you must pay a fee and the prosecuting attorney may object to your sealing request. If that happens, the court will schedule a hearing at which you will need to present supporting evidence. We will gather and assemble relevant evidence and present your case thoroughly, rebutting the prosecution’s opposing arguments.

Get a veteran Indiana sealing of criminal record attorney on your side

The Law Offices of Ryan E. Lackey provides effective representation in your efforts to seal your criminal record. For a free consultation, please contact the firm online or call us at 260-222-7364.