After being convicted of a criminal offense, you may be feeling discouraged. With a conviction on your criminal record, you may worry about how your future could be affected when you finally re-enter society. Fortunately, Indiana’s second chance law may give you an opportunity to put your past behind you.
You may qualify for expungement or record sealing, depending on the circumstances of your case. If your petition is granted, you could finally have the chance to rebuild your life. Here is more about how Indiana’s second chance law works and how to find out whether you qualify for an expunction.
About Expungement in Indiana
Expungement, as described under Indiana Code § 35-38-9 can be a great opportunity for you to put your criminal conviction behind you. While many felonies can be expunged, there are certain requirements that will need to be met before you can petition the court. Generally, you will need to wait at least eight years before you can seek expungement if you are hoping to expunge a felony offense.
During this time, you will need to avoid being charged with further criminal offenses. If your record is expunged, it will not appear when potential employers or individuals run a background check. When you are asked whether you have been convicted of an offense, you may be able to answer “no” if your petition for expungement has been granted. The second chance law only allows individuals to get their records expunged once in their lifetime.
Indiana Expungement Requirements Under the Second Chance Law
The type of record you are hoping to expunge will determine the requirements you need to meet. If you were arrested but the charges against you were dismissed or no formal charges were filed, these could be sealed. You may also qualify for record sealing if you were found “not guilty”.
Whether you were convicted of a misdemeanor or felony offense, there are other specific requirements you should be prepared to meet. Generally, class D and level six felonies may be eligible for expungement if:
- The defendant has paid all court-ordered restitution, fines, and fees
- The defendant has not been convicted of a crime within the last eight years
- The defendant is not a violent or sex offender
- The defendant does not have more than two felony convictions involving the use of a deadly weapon
- The defendant is not facing any pending charges
- At least eight years have passed since the date the defendant was convicted
Who Does Not Qualify for Expunction Under Indiana’s Second Chance Law
Unfortunately, not everyone will be eligible for expungement under the second chance law. As described under Indiana Code § 35-38-9-3(b), certain convictions do not qualify for expungement, including:
- Murder under Indiana Code § 35-42-1-1
- Human trafficking under Indiana Code § 35-42-3.5-1.4
- Involuntary manslaughter under Indiana Code § 35-42-1-4
- Rape under Indiana Code § 42-4-1
- Voluntary manslaughter under Indiana Code § 35-42-1-3
How to Pursue Expungement
When you are being haunted by the mistakes of your past, getting your criminal record expunged could be your best opportunity to put your conviction behind you. Most convictions will remain on your record indefinitely unless you petition the court for expungement.
First, you need to be sure you have fulfilled the terms of your original sentence and meet the eligibility requirements. You only have one opportunity to seal your criminal record, so it is crucial that you have all the necessary documents and evidence to support your case before you file your petition.
Your expungement petition should be filed in the county where your conviction occurred. If you are hoping to expunge offenses across multiple counties, be prepared to file separate petitions for each county. Once your petition has been filed, you will be issued a hearing date where you will have an opportunity to plead your case, and the district attorney will have an opportunity to challenge your petition.