What is the Expungement Process Like? And Why Should I Consider Expungement Right Now?
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:
- We draft the petition(s) and send them to the client
- The client reviews and signs off on them
- We file the petitions and related documents in the respective counties
- The prosecutor gets the opportunity to respond
- The court either rules on the petition or sets it for a hearing