Can a Sex Crime Be Expunged in Indiana?

Unfortunately, your criminal record can end up haunting you for years. Moreover, the record of a sex crime can taint your image and reputation for the rest of your life. You may be ready to move forward with your life, but that can be difficult if you’ve been charged with or convicted of a sex crime.

One of the most asked questions we get at The Criminal Defense Team is, “can a sex crime be expunged from your criminal record?” Unfortunately, the answer isn’t black and white. The phrase “sex crime” covers a wide range of different criminal offenses.

At The Criminal Defense Team, we want to break down which crimes may be eligible to be expunged under Indiana law.

What Is an Expungement?

A criminal conviction has consequences that reach far beyond fines and jail time. A criminal conviction gives you an official criminal record. This record can cause life-long complications for you when you need to find employment, secure housing, or build personal and professional relationships. Wouldn’t it be advantageous if you could erase your criminal past and start anew with a blank slate?

To “expunge” means to erase or remove. In legal terminology, expunging is the process of removing or destroying the record of a person’s criminal conviction. Their history becomes sealed and treated as if it had never existed. In essence, an expungement removes an offense from a person’s criminal and public record.

Expungement is not a pardon or forgiveness for a crime. It is simply a way to help people remove an offense from their record, giving them what almost amounts to a blank slate to help them move forward.

What Types of Crimes Can Be Expunged in Indiana?

Generally, most misdemeanor convictions can be expunged in Indiana. For a misdemeanor conviction to be eligible for expungement, the following conditions must be met:

  • It has been five years since the date of conviction
  • You currently have no criminal charges pending
  • All fines, court costs, fees, and restitution has been paid
  • You have not been convicted of any other crime within the past five years

Felony convictions are a little more complicated. You may be able to expunge a felony conviction, depending on the type of offense committed. In some cases, a Class D Felony or Level 6 felony conviction may be expunged if the following conditions are met:

  • It has been eight years from the date of conviction
  • You currently have no criminal charges pending
  • All fines, court costs, fees, and restitution has been paid
  • You have not been convicted of any other crime within the past eight years

It is much more difficult to expunge a felony conviction, but it may be possible in some situations. To begin the process of expunging a felony conviction, you must meet these requirements:

  • It has been at least ten years from the date of conviction
  • You currently have no criminal charges pending
  • All fines, court costs, fees, and restitution has been paid
  • You have not been convicted of any other crime within the past ten years
  • The prosecutor agrees in writing to the expungement

Can a Sex Crime Be Expunged?

Sex offenders and violent offenders are generally barred from expunging their felony criminal convictions. Sex crimes that cannot be expunged include:

Indiana’s Second Chance Law

In 2011, Indiana passed legislation called the Second Chance Law. This law gives some individuals the opportunity to restrict access to a portion of their criminal record. Although it is referred to as an expungement law, this is incorrect. The Second Chance Law does not expunge an offense from an individual’s record. It only allows certain portions of a person’s record to be sealed and limits access to those records. Prosecutors, police, and the court system will all still have access to the individual’s criminal history. However, the conviction will not show up on a criminal history check conducted by individuals or noncriminal justice organizations.

People who were found not guilty, were convicted of a misdemeanor offense, or people convicted of non-violent felonies may be eligible to have their records sealed. In rare cases, those convicted of a sex crime may also be eligible to seal their record by filing under the Second Chance law.

Get in Touch with a Skilled Criminal Defense Lawyer Today

Are you facing a sex crimes charge? Have you been convicted of a sex crime and want to investigate expungement options? Navigating the legal process is challenging. You need to get in contact with an experienced and aggressive criminal defense attorney as soon as possible.

Let the team at The Criminal Defense Team review your situation and advise you about your legal options. We aim to help you achieve the best possible outcome for your circumstances. Call our office at (317) 565-2221 today to set up a free and confidential legal consultation.

Categories: 
Related Posts
  • Two Big Jury Wins in Two Days Read More
  • What Are the Most Common Gun Crimes in Indiana? Read More
  • What Is a Felony Sex Crime in Indiana? Read More
/