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What is the Expungement Process Like? And Why Should I Consider Expungement Right Now?

Posted on Wednesday, November 25th, 2020 at 9:23 pm    

It’s Possible to Change the Past.

As with our last post, on whether your criminal history eligible for Expungement, the process depends on several things. We’ll start with the most difficult: Expungements requiring prosecutorial consent. Whether you’re asking for early Expungement or asking to be able to Expunge a crime resulting in serious bodily injury under Section 5 of the Indiana Expungement statute (Indiana Code 35-38-9-5), the state of Indiana must consent to the petition being filed. Knowing how to ask for that consent and what prosecutors want to know—which varies from county to county—is one reason why we recommend that people use an Expungement attorney rather than try this themselves.

The general Expungement process, at least for us at The Criminal Defense Team, is:

  1. We draft the petition(s) and send them to the client
  2. The client reviews and signs off on them
  3. We file the petitions and related documents in the respective counties
  4. The prosecutor gets the opportunity to respond
  5. The court either rules on the petition or sets it for a hearing

Of course, things vary from county to county and even court to court. The type of Expungement is a big determining factor. Some courts always require hearings, even if the prosecutor does not object, whereas others grant the petition immediately upon receiving the State’s notice of no objection. Prosecutors’ offices have differing processes and positions on early Expungement and Section 5s, and some require more thorough proof that a petitioner is all paid up on fees. Some counties process Expungement requests very quickly and issue a tight scheduling order, while others may take more than one month.

That’s the general Expungement process. If you’re interested in Expunging your record, give us a call. We’ll be able to give you much more detail on whether your criminal history is Expungable and how your Expungement would play out. Given the current COVID-19 crisis, Indiana courts are postponing most “non-essential” hearings, but prosecutors and courts are still working remotely, just as we are. This gives all the people involved in the process more opportunity to focus on Expungements, so the process may be smoother and quicker than usual. Which is why today is the perfect time to call.

Follow The Criminal Defense Team for more helpful legal content. Remember, we are experienced Expungement lawyers, so if you have any questions about your criminal records and how to Expunge them, contact us for help.

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*Andrew Baldwin, Mark Kamish, Kathie Perry, Maxwell Wiley, and Carrie Miles are certified Criminal Trial Specialists by the National Board of Trial Advocacy (NBTA), a nonprofit organization that certifies attorneys of various legal focuses. To earn an NTBA certification, an attorney must demonstrably show the highest levels of trial experience, competence and integrity.

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