Serving Indiana Since 1994

Clearing Your Criminal Record Through Expungement

Sometimes good people make mistakes. These mistakes shouldn’t follow you for the rest of your life, impairing your ability to become employed, get credit or even choose where you want to live. At Bob Zoss Law Office, LLC, in Evansville, Indiana, we help people get a fresh start through criminal record expungement.

Fair Treatment For Former Offenders

In July 2013, Indiana passed a law that expanded the ability to seal and expunge the records of thousands of people arrested and/or convicted of misdemeanors. The “Second Chance Law,” as it is informally known, prevents former convictions from appearing on background checks for credit, employment and housing. It has been life-changing for many people.

Since then, the law and the criteria for eligibility have been updated numerous times. Our criminal defense attorneys can help you determine if you are eligible to have your criminal records expunged and assist you with your petition.

When Can An Arrest Be Expunged?

In Indiana, you can get your arrest record expunged under certain circumstances. These typically include the following:

  • No conviction: If the arrest didn’t lead to a formal conviction, for any reason, you may be eligible for expungement.
  • Dismissal: Your arrest record may also be expunged if all charges against you are dropped, indicating a lack of sufficient evidence or other reasons for not pursuing the case further.
  • Allegations found untrue: The case was a juvenile court proceeding and the court determines that the allegations against you are not true, your record may be cleared automatically.
  • Guilt finding vacated: If a previous finding of guilt or a true finding in juvenile court against you is later vacated, you may be eligible for expungement.
  • Inactive prosecution: You can also petition for expungement if charges were filed against you but the prosecution has taken no action for over a year.
  • Acquittal at trial: If you’re found not guilty at trial, you may be eligible for automatic expungement.

When Can A Conviction Be Expunged?

Indiana’s Second Chance Act provides opportunities for conviction expungement under specific circumstances. These include:

  • Arrest without conviction: Eligible for expungement one year post arrest, even if adjudicated for an infraction without conviction.
  • Pre-trial diversion: Can seek expungement for prior arrests without program completion if prosecutor consents.
  • Misdemeanor conviction: Expungement possible 5 years post conviction.
  • Class D/level 6 felony: Eligible for expungement 8 years post conviction (no bodily injury involved).
  • Higher-level felony: Expungement possible 8 years post conviction or 3 years post sentence completion, whichever is longer (no bodily injury involved).

Get The Second Chance You Deserve – Contact Us Today

Although not everyone will qualify, the attorneys at Bob Zoss Law Office, LLC, can tell you if we can help clean up your criminal record. Simply give us a call at 812-266-9609 to talk to one of our experienced attorneys, or contact us online to arrange a consultation.