Carmel Expungement Attorney
Why Hire Our Expungement Lawyer in Carmel?
A criminal record can derail your life, whether you’re convicted of a misdemeanor or a felony. Fortunately, the expungement process can allow you to partially undo some of this damage. However, not every crime is eligible for expungement in Carmel, Indiana. An experienced Carmel criminal defense attorney from The Criminal Defense Team of Baldwin Perry & Wiley PC can review your situation during a free, no-obligation consultation.
What Is an Expungement?
An expungement in Indiana seals certain criminal records. Once your criminal record is expunged, information about your arrest and criminal case is not available for public viewing. However, the records still remain in certain databases, such as with law enforcement organizations and court records.
The benefit of obtaining an expungement is that information regarding a criminal offense is not available on a routine background check, so potential employers and landlords may not be able to see it. This helps limit the adverse effect these records have on your future.
Eligibility for Expungement
Not everyone is eligible for expungement. An experienced criminal defense lawyer can review your situation to determine if you might be eligible. This case-specific analysis depends on factors, such as:
- The crime you were charged with
- The classification of the crime
- Whether you were convicted
- Any other criminal record you have
- The details of your specific case
- Whether the prosecutor consents to the expungement
Call us today to schedule a free and confidential consultation with a knowledgeable Carmel expungement lawyer.
When Expungement Is Not Possible
Not all crimes are eligible for expungement, including:
- Murder, manslaughter, and other violent crimes
- Rape, child molestation, sex trafficking, and certain other sex offenses
- Offenses that result in a sex offender or violent offender classification
- Offenses that involve official misconduct
- Two or more separate felony offenses involving the unlawful use of a deadly weapon
Every situation is different, so it’s best to consult with an experienced expungement attorney in Carmel to learn what options are available in your particular situation.
When Can I Request an Expungement?
The timeline for requesting an expungement will depend on the situation. Here are a few examples:
For a felony conviction, the waiting period is eight years after a Level 6 or Class D felony unless the prosecutor agrees otherwise. Other felonies have a ten-year waiting period.
- No conviction resulted – If you completed a diversion program, the case was dismissed, or you were acquitted, you can request an expungement one year after the arrest date or charge.
- Misdemeanor conviction – If you were convicted of a misdemeanor, such as OWI or battery, you must wait five years from the date of conviction to request an expungement.
- Class D or Level 6 felony conviction – You must wait at least eight years unless the prosecutor agrees to a shorter timeframe.
- Other felony convictions – A ten-year waiting period applies.
Call The Criminal Defense Team Today to Discuss Your Particular Situation
If you would like to learn more about your legal options regarding expungement, contact The Criminal Defense Team of Baldwin Perry & Wiley PC at (317) 687-8326 for a free and confidential consultation.