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Westfield Expungement Lawyer

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Why Choose Our Expungement Attorney in Westfield?

If you were arrested, charged, and/or convicted, you may know firsthand how cumbersome a criminal record can be. You could be denied housing, education, and work opportunities. One bad decision or outcome could have a years-long negative effect on your life. 

Fortunately, there may be a pathway to sealing criminal records so they do not continue to haunt you. If your request for expungement is granted, you can move forward with your life without the burden of your past mistakes derailing it.

If you would like to know whether you qualify for an expungement, contact us to speak to one of the experienced Westfield criminal defense attorneys from The Criminal Defense Team of Baldwin Perry & Wiley PC about your case. 

Which Criminal Records Are Expunged 

Indiana’s expungement law allows for the sealing of arrests that did not result in a conviction, misdemeanor convictions at least five years old, and certain felony convictions of at least eight years old. When you request to have your criminal record expunged, this could affect various records, including the following:

  • Police reports 
  • Arrests
  • Criminal charges
  • Trial court records
  • Forfeiture records
  • Criminal conviction documents
  • Post-conviction relief records
  • Appellate records

When a criminal record is expunged, it will not show up in public records databases. 

Eligibility Criteria for Expungement 

Indiana expungement is not generally an automatic process. A person must petition for expungement and have the court approve it before an expungement occurs. Expungement is a case-specific evaluation that considers various factors, including the following:

  • The record’s nature
  • The offense’s nature and level of the offense
  • The amount of time since the arrest, charge, or conviction
  • Other relevant factors
  • Criminal history

A court must grant a request for expungement when an arrest or charge did not result in a conviction if they satisfy the following criteria:

  • They are not actively participating in a pretrial diversion program and have successfully completed all diversion program requirements.
  • There are no criminal charges currently pending against them.
  • They have no criminal convictions in the year before their request for expungement.
  • It’s been at least one year from the date of arrest.

Requests to expunge a conviction for a misdemeanor or Class D/Level 6 felonies that have been reduced to misdemeanors must be granted when the applicant meets the following criteria:

  • At least five years have passed since the date of the conviction. 
  • They had no conviction in the five years leading up to the request for expungement. 
  • There are no current criminal charges pending against them.
  • They have paid all fines, fees, court costs, and restitution orders.

Additional criteria must be met to expunge a felony conviction, and not all felony convictions are eligible for expungement. The best way to determine if you’re eligible for expungement is to consult with a knowledgeable Westfield expungement attorney.

Call Us to Discuss Your Options for Expungement in Westfield

The Criminal Defense Team of Baldwin Perry & Wiley PC can review your situation and determine if you’re eligible for expungement. We can assist you throughout the expungement process and fight for you to reclaim your life after acquiring a criminal record. We can confirm your eligibility for expungement, gather case records and court documents, and prepare your petition. Call our law office today at (317) 687-8326 for your free, confidential consultation.