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Indianapolis Expungement Lawyer

Why Choose Our Expungement Attorney in Indianapolis

An arrest or conviction in a criminal case can derail your life, making it difficult for you to find a job, be approved for housing, or move forward with your life. Expungement may be able to erase or seal your criminal records so that records of the criminal case are not publicly available. If you are interested in expunging your criminal record or would like to learn whether you may qualify for expungement, contact our Indianapolis criminal defense lawyers from The Criminal Defense Team today. 

What Is Expungement?

Typically, a person who has been arrested for or convicted of a crime can have these records pop up when someone like a potential employer, college, or other organization runs a background check on them. Often, this halts the application process. 

Expungement is the sealing of certain records so that they do not appear during these types of searches. It also allows someone to honestly answer “no” to questions about arrests or convictions because the legal effect is as though the events never happened. 

How the records appear depends on the level of offense. For misdemeanor to D felony convictions, all records are sealed from public view, whereas an expungement of a Class A, B, or C felony will show “expunged” when someone tries to find these records. The records are still available to release to law enforcement agencies and the courts. 

What Are Qualifications for Expungement?

There are various requirements that must be met to file for expungement. These requirements include:

  • Type of record – Expungement applies to certain records, including arrest records and records related to cases that resulted in a diversion, conditional discharge, or dismissal. It can also apply to convictions in some cases. Cases that resulted in a “not guilty” verdict or were vacated on appeal can also qualify for expungement. 
  • Type of offense – Arrests that do not lead to convictions qualify for record expungement. Convictions under Indiana Code Sections 35-38-9-2 – 5 can also be expunged. Generally, the following types of offenses are not eligible for expungement:
    • Homicide
    • Sex crimes
    • Human trafficking
    • Sex trafficking
    • Offenses in which a person has been classified as a sex offender or violent offender
    • Official misconduct by a public servant
    • Offenses in which a person convicted of two or more felony offenses that involved using a deadly weapon and they were not committed as part of the same crime
  • Waiting period – A person must wait a certain amount of time after the criminal case is resolved before they can seek expungement. Waiting periods are generally between one and ten years.

How a Indianapolis Expungement Lawyer Can Help with Your Case

Expungement cases are complex and require a deep understanding of criminal law and, specifically, the state’s expungement laws. The Criminal Defense Team has four of the five board-certified criminal trial specialists in the state. We can use our extensive knowledge and experience to:

  • Gather the necessary documents to assist with your case
  • Complete the necessary forms 
  • Prepare your expungement petition
  • File your petition after the applicable waiting period

In most cases, a person only has one chance at expunging their criminal record, so you want to do it correctly. Don’t leave your future to chance – Contact The Criminal Defense Team today for a free, no-obligation consultation.