On July 1, 2013, Indiana passed a law designed to give relief to people who have prior criminal convictions. The law has undergone many changes since then but remains fundamentally the same. This post is aimed at those who desire a clean slate.
Indiana Code Section 35-38-9-2 permits individuals with certain convictions to seek expungement. An individual is eligible to file their Petition 5 years after the DATE OF CONVICTION (unless the Prosecuting Attorney consents in writing to an earlier period). The petition needs to be filed in the sentencing court. A filing fee is required and the case is considered a civil action.
The following from the July 18, 2013 Fort Wayne Journal Gazette best explains who is eligible for relief under this law:
"Under the terms of the new law, most sex or violent offenders, as well as those convicted of a charge related to homicide, are not eligible to have their records cleared.
Other crimes, however, such as battery and operating a motor vehicle while intoxicated causing death, are eligible, as are crimes such as theft and forgery. While the law doesn’t erase convictions, it does make the information unavailable to potential employers."
IMPORTANT: You can only file one (1) petition for expungement in your lifetime. However, there is no limit to the number of convictions you may seek to expunge.
Contact www.Jarjourlaw.com to see if you qualify for relief under this statute.
Indiana Code Section 35-38-9-2 permits individuals with certain convictions to seek expungement. An individual is eligible to file their Petition 5 years after the DATE OF CONVICTION (unless the Prosecuting Attorney consents in writing to an earlier period). The petition needs to be filed in the sentencing court. A filing fee is required and the case is considered a civil action.
The following from the July 18, 2013 Fort Wayne Journal Gazette best explains who is eligible for relief under this law:
"Under the terms of the new law, most sex or violent offenders, as well as those convicted of a charge related to homicide, are not eligible to have their records cleared.
Other crimes, however, such as battery and operating a motor vehicle while intoxicated causing death, are eligible, as are crimes such as theft and forgery. While the law doesn’t erase convictions, it does make the information unavailable to potential employers."
- All criminal records (except convictions involving serious violence, public corruption, and sexual offenses) are eligible for expungement from the court of conviction, after waiting periods ranging from one year (for non-conviction records) to ten years (for the most serious eligible felonies).
- After the court has issued an expungement order, records not resulting in conviction and records of misdemeanors and minor felonies are automatically sealed. After a record is sealed, even a prosecutor may not access it without a court order.
- Expunged records of more serious convictions “remain public,” although they must be “clearly and visibly marked or identified as being expunged.”
IMPORTANT: You can only file one (1) petition for expungement in your lifetime. However, there is no limit to the number of convictions you may seek to expunge.
Contact www.Jarjourlaw.com to see if you qualify for relief under this statute.
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