When charged with a criminal offense, you may be curious as to whether pleading guilty could help you put this experience behind you sooner. After all, you can always get a criminal record expungement, right? The truth is, under Indiana expungement law, expungement is only available once specific requirements are met. In some cases, convicts may be prohibited from getting their records expunged.
Fortunately, with help from a highly skilled Indianapolis expungement attorney from Wruble Law LLC, you can safeguard your future. A criminal defense lawyer with our firm can review your criminal record and the specific circumstances of your case to determine whether you meet the eligibility requirements for expunction and whether expungement petitions are appropriate in your situation. Contact our office to request a free consultation today to know your rights and learn more about non-expungeable offenses, how long it might be before your record can be expunged, and what to expect from the expungement process.
What is Expungement?
Expungement under I.C. 35-38-9-1 involves sealing your criminal record from public records. When your record is expunged, it is almost as if the offense never happened. Your criminal record will seal information related to the offense that is being expunged, resulting in expunged criminal records that are no longer accessible to the public. The only people who will have access to these expunged records are government agencies and officials.
When you are filling out a job application, requesting housing, or applying for federal student aid, if your record has been expunged, you can truthfully state that you have never been charged with or convicted of that offense, which can significantly improve outcomes during background checks.
The Importance of Record Expungement in Indiana
It is not uncommon for criminal records to hold people back from putting their convictions behind them. When you have a conviction on your record, including misdemeanor convictions, you are more likely to:
- Lose your driving privileges
- Be passed over for job opportunities
- Risk your child custody or visitation rights
- Be deported if you are not a U.S. citizen
- Lose your firearm rights
- Have your professional license revoked
Who Qualifies for Expunction Under Indiana Law?
Working with an Indianapolis expungement lawyer may be the best way to find out whether you meet the eligibility requirements for expunction. Some of the various criminal records that can be sealed if your request for expungement is approved include:
- Appellate court documents
- Arrest records
- Criminal charges, including dismissed cases
- Criminal convictions, including certain Class D felony offenses
- Delinquency adjudication
- Forfeiture documents
- Post-conviction relief
The specific details of your criminal history will determine whether you qualify for expungement. The type of crime you are accused of committing, associated court costs are paid, the level of the offense, how long it has been since you completed your sentence, and other factors will all be taken into consideration by the prosecutor and the judge presiding over your case.
Some Felony Expungements Require Approval From the Prosecuting Attorney
Certain types of serious felony convictions will require expungement approval from the prosecuting attorney and the court’s approval. Generally, anytime the alleged victim suffered serious bodily injury or the offense occurred while the defendant was a candidate for or elected to a public office, the prosecutor will need to approve the expungement request.
Non-Expungeable Offenses
Certain types of criminal offenses are ineligible for expungement. These include:
- Having two or more convictions on your record that involve the use of a deadly weapon
- Violent sex crimes or sex offenses as described under Indiana Code § 11-8-8-5,including classification as a sex or violent offender
- Voluntary manslaughter under Indiana Code § 35-42-1-3
- Involuntary manslaughter under Indiana Code Section 35-42-1-4
- Official misconduct under Indiana Code § 35-44.1-1-1
- Violent crimes such as homicide under Indiana Code 35-42-1-1
Consult a High-Powered Indianapolis Expungement Attorney Today
If you are ready to find out what the legal process is and whether you may be eligible to have your criminal record expunged, do not hesitate. Reach out to an experienced Indiana expungement attorney from Wruble Law LLC to find out if you meet the necessary requirements and to obtain legal assistance suited to your situation.
Do not lose hope if you have not yet fulfilled this criterion. Once you understand what is expected of you to secure an expunction, you can plan ahead and get your expungement approved as soon as possible in a timely manner. Fill out our secure contact form or call our office to schedule your confidential consultation as soon as today.