INDIANA EXPUNGEMENT LAWYER

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 Second chances are ahead!

At Whalin Legal, we specialize in navigating Indiana's evolving expungement laws. The Indiana Expungement Law, first enacted in 2012, has undergone significant updates over the years. Expungement under Indiana Code I.C. 35-38-9 provides a valuable opportunity to remove past arrests and convictions from your record, offering a fresh start for employment, firearm rights, professional licensing, and more.

Indiana’s expungement laws now allow for the removal of arrest records in cases of dismissal or when charges did not lead to a conviction. This expanded eligibility includes instances where a conviction was vacated on appeal or where a diversion program was successfully completed.

Key conditions for expungement of arrest records:

• Time Requirement: At least one year must have passed since the arrest (or appellate opinion vacating the conviction), unless the prosecutor consents to a shorter time frame.
• Details Required for Petition: Information such as the arrest date, court records, case numbers, and identifying details like aliases, Social Security numbers, and driver’s license numbers must be included.

Indiana’s expungement law allows individuals to petition for the removal of misdemeanor and Class D (or Level 6) felony convictions. Expungement eligibility and requirements include:

1. A clean criminal record during the waiting period.
2. Affirmation of no pending investigations or charges.
3. Details of convictions, case numbers, and any appeals.
4. Evidence of court cost payments and restitution.

Even if your conviction was for a felony not reduced to a misdemeanor, expungement may still be an option. These cases often involve greater judicial discretion and stricter requirements, including:

• Waiting Period: Typically eight years after conviction, though this may be shortened with prosecutorial consent.
• Exclusions: Certain convictions, such as those involving serious bodily injury, sex offenses, or official misconduct, are not eligible.

Our experienced attorneys understand the nuances of filing expungement petitions and will work to present a strong case to the court.

Indiana’s “Second Chance Law” helps individuals move forward by sealing past mistakes that no longer define their character. Benefits include:

• Protection against discrimination in employment and licensing.
• Restoration of civil rights, including voting, jury service, and firearm ownership.
• Freedom to answer employment questions without referencing expunged records.

Once a petition is filed, prosecutors typically have 30 days to respond. However, timelines may vary depending on the complexity of the case and the court’s schedule. Procedural accuracy is crucial, as errors or missed deadlines can result in dismissal.

Our experienced Indiana expungement attorneys have successfully filed petitions across numerous counties. We ensure that all necessary documentation, from arrest details to court records and recommendations, is properly prepared to maximize your chances of success.

If you’re wondering whether you qualify for an expungement, contact Whalin Legal today for a free initial consultation. Let us help you take the first step toward a brighter future.