Serving Indiana Since 1994

Qualifying for an expungement in the state of Indiana

On Behalf of | Oct 22, 2020 | Criminal Defense

Facing criminal allegations can be an overwhelming and emotional experience. However, life after conviction and fulfilling any criminal consequences can be just as challenging. This is because a criminal record could impact one’s personal and professional lives, causing them to face issues when it comes to where they live, where they can go and where they work. Thus, it is often a valuable step for one to consider expungement, as this could provide many benefits for their present and future.

Expungement of a criminal record

Based on the legislature in the state of Indiana, everyone has the right to expungement; however, this is for those with past convictions of lower level crimes. While it is possible to have one’s record wiped clean once they have served their time, navigating the process can be complex.

Eligibility for expungement

While a criminal record could impact the life of those convicted, an expungement is not available for all crimes. In the state of Indiana, one is eligible to seek expungement when it has been more than five years since their misdemeanor conviction. For certain felonies, 8 to 10 years must have lapsed since their conviction. It should be noted that expungement is not available for those convicted of murder.

If one qualifies for an expungement, they can file the paperwork with the court. This could ultimately provide one with the opportunity of the burden a felony or misdemeanor has had on their lives for years, even decades. This can give them a sense of freedom, as they will no longer being paying for a crime they have served their time for a long time ago.

The expungement of a criminal record is a beneficial option for some individuals with a criminal record; however, it is essential to understand what makes one eligible to go through this process and what this process entails. Additionally, it is important that those moving forward with this process fully understand the rights afforded to them, ensuring it is the best step for them to take legally and personally.