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(555) 555-5555According to Indiana Code Title 35. Criminal Law and Procedure § 35-42-5-1
Sec. 1 . (a) Except as provided in subsection (b), a person who knowingly or intentionally takes property from another person or from the presence of another person:
(1) by using or threatening the use of force on any person; or
(2) by putting any person in fear;
commits robbery, a Level 5 felony.
However, the offense is a Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant, and a Level 2 felony if it results in serious bodily injury to any person other than a defendant.
(b) A person who knowingly or intentionally takes a controlled substance from a pharmacist acting in an official capacity or from a pharmacy by:
(1) using or threatening the use of force on any person; or
(2) putting any person in fear;
commits robbery, a Level 4 felony.
However, the offense is a Level 2 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than the defendant, and the offense is a Level 1 felony if it results in serious bodily injury to any person other than the defendant.
Have you been charged with robbery in Indiana and need an Indianapolis criminal defense attorney? Call us at 317-721-9858 for assistance today!
Indiana has one of the most favorable expungement laws in the United States. As an example, a felon with an expungement in Indiana also has the ability to have their gun rights restored under Indiana law. That added with the benefits of increased housing and employment opportunities, getting your criminal record expunged is a great idea. But not every crime in Indiana is eligible for an expungement in Indiana. So, what offenses are not eligible for expungement in Indiana? Before we begin, if you are interested in getting your criminal record cleaned up and would like to speak to an Indianapolis expungement lawyer, give us a call at (317) 721-9858.
A criminal record expungement is the process of destroying, erasing, or sealing arrest or conviction records. Under the Indiana Second Chance Law 2020, both adults and juveniles have the ability to “expunge,” “seal,” or otherwise hide or destroy court records of certain types of convictions. One of the benefits of having your criminal record expunged is that the arrest or the subsequent conviction or plea is not required to be legally disclosed. The advantage of this, is that the criminal expungement opens up opportunities to places where a prior criminal record would have prevented those opportunities from occurring,
The ability to have your criminal record sealed does not mean that ANY record of ANY crime committed in the past has the ability to be sealed. There are certain crimes that are not eligible for expungement. The types of criminal offenses that are not eligible for expungement in Indiana include:
Generally, if a crime involved causing another individual bodily harm, then it is an offense that is not eligible for expungement in Indiana.
Are you in Boone County, Indiana and are you certain that your criminal offense is not eligible for expungement in Indiana? Give a Boone County expungement lawyer a call at (317) 721-9858.
In 2020, Indiana Expungement Law experienced some very significant developments. On July 1, 2019 the law was further tweaked to benefit those that need an Indiana criminal record expungement.
To be specific, Indiana HB 1541 changes the words expunge, seal, and redact to “destroy or permanently delete” . To be specific it reads, “any records in the clerk’s possession that relate to the arrest, criminal charges, juvenile delinquency, allegation, vacated conviction, or vacated juvenile delinquency adjudication destroy or permanently delete”.
In need of an expungement law firm? The Law Office of Jesse K. Sanchez is here to help! Call us at (317) 721-9858 today
IC 35-38-9 Chapter 9. Sealing and Expunging Conviction Records
IC 35-38-9-1 Expunging arrest records
Sec. 1. (a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if:
(1) the arrest,criminal charge, or juvenile delinquency allegation:
(A) did not result in a conviction or juvenile adjudication; or (B) resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal; and
(2) the person is not currently participating in a pretrial diversion program.
(b) Not earlier than one (1) year after the date of arrest, criminal charge, or juvenile delinquency allegation (whichever is later), if the person was not convicted or adjudicated a delinquent child, or the date of the opinion vacating the conviction or adjudication becomes final (unless the prosecuting attorney agrees in writing to an earlier time), the person may petition the court for expungement of the records related to the arrest, criminal charge, or juvenile delinquency allegation.
(c) A petition for expungement of records must be verified and filed in a circuit or superior court in the county where the criminal charges or juvenile delinquency allegation was filed, or if no criminal charges or juvenile delinquency allegation was filed, in the county where the arrest occurred. The petition must set forth:
(1) the date of the arrest, criminal charges, or juvenile delinquency allegation, and conviction (if applicable);
(2) the county in which the arrest occurred, the county in which the information or indictment was filed, and the county in which the juvenile delinquency allegation was filed, if applicable;
(3) the law enforcement agency employing the arresting officer, if known;
(4) the court in which the criminal charges or juvenile delinquency allegation was filed, if applicable;
(5) any other known identifying information, such as: (A) the name of the arresting officer;
(B) case number or court cause number;
(C) any aliases or other names used by the petitioner; (D) the petitioner’s driver’s license number; and
(E) a list of each criminal charge and its disposition, if applicable;
(6) the date of the petitioner’s birth; and
(7) the petitioner’s Social Security number.
A person who files a petition under this section is not required to pay a filing fee.
(d) The court shall serve a copy of the petition on the prosecuting attorney.
(e) Upon receipt of a petition for expungement, the court:
(1) may summarily deny the petition if the petition does not meet the requirements of this section, or if the statements contained in the petition indicate that the petitioner is not entitled to relief; and
(2) shall grant the petition unless:
(A) the conditions described in subsection (a) have not been met; or
(B) criminal charges are pending against the person.
(f) Whenever the petition of a person under this section is granted: (1) no information concerning the arrest, criminal charges, juvenile delinquency allegation, vacated conviction, or vacated juvenile delinquency adjudication may be placed or retained in any state central repository for criminal history information or in any other alphabetically arranged criminal history information system maintained by a local, regional, or statewide law enforcement agency;
(2) the clerk of the supreme court shall seal or redact any records in the clerk’s possession that relate to the arrest, criminal charges, juvenile delinquency allegation, vacated conviction, or vacated juvenile delinquency adjudication;
(3) the records of:
(A) the sentencing court; (B) a juvenile court;
(C) a court of appeals; and
(D) the supreme court;
concerning the person shall be redacted or permanently sealed;
and
(4) with respect to the records of a person who is named as an appellant or an appellee in an opinion or memorandum decision by the supreme court or the court of appeals, the court shall:
(A) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the petitioner’s name (in the same manner that opinions involving juveniles are redacted); and
(B) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.
The supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner’s name.
(g) If the court issues an order granting a petition for expungement under this section, the order must include the information described in subsection (c).
(h) This chapter does not require any change or alteration in:
(1) any internal record made by a law enforcement agency at the time of the arrest and not intended for release to the public; or (2) records that relate to a diversion or deferral program.
(i) If a person whose records are expunged brings an action that might be defended with the contents of the expunged records, the defendant is presumed to have a complete defense to the action. In order for the plaintiff to recover, the plaintiff must show that the contents of the expunged records would not exonerate the defendant. The plaintiff may be required to state under oath whether the plaintiff had records in the criminal justice system and whether those records were expunged. If the plaintiff denies the existence of the records, the defendant may prove their existence in any manner compatible with the law of evidence.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.7; P.L.142-2015, SEC.1.
IC 35-38-9-2 Expunging misdemeanor convictions
Sec. 2. (a) Except as provided in subsection (b) and section 8.5 of
this chapter, this section applies only to a person convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a misdemeanor.
(b) This section does not apply to a person convicted of two (2)
or more felony offenses that:
(1) involved the unlawful use of a deadly weapon; and
(2) were not committed as part of the same episode of criminal conduct.
(c) Not earlier than five (5) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), the person convicted of the misdemeanor may petition a court to expunge all conviction records, including records contained in:
(1) a court’s files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s misdemeanor conviction.
(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that: (1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
(4) the person has not been convicted of a crime within the previous five (5) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c));
the court shall order the conviction records described in subsection
(c) expunged in accordance with section 6 of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.8; P.L.142-2015, SEC.2.
IC 35-38-9-3 Expunging minor Class D and Level 6 felony convictions
Sec. 3. (a) Except as provided in subsection (b) and section 8.5 of
this chapter, this section applies only to a person convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014). This section does not apply to a person if the person’s Class D felony or Level 6 felony was reduced to a Class A misdemeanor.
(b) This section does not apply to the following:
(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in bodily injury to another person.
(4) A person convicted of perjury (IC 35-44.1-2-1) or official misconduct (IC 35-44.1-1-1).
(5) A person convicted of an offense described in: (A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(6) A person convicted of two (2) or more felony offenses that: (A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
(c) Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), the person convicted of the Class D felony or Level 6 felony may petition a court to expunge all conviction records, including records contained in:
(1) a court’s files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s Class D or Level 6 felony conviction.
(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that: (1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
(4) the person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c));
the court shall order the conviction records described in subsection
(c) expunged in accordance with section 6 of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.9; P.L.142-2015, SEC.3.
IC 35-38-9-4 Expunging certain less serious felony convictions
Sec. 4. (a) Except as provided in subsection (b) and section 8.5 of
this chapter, this section applies only to a person convicted of a felony who may not seek expungement of that felony under section
3 of this chapter.
(b) This section does not apply to the following:
(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in serious bodily injury to another person.
(4) A person convicted of official misconduct (IC 35-44.1-1-1). (5) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(6) A person convicted of two (2) or more felony offenses that: (A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
(c) Not earlier than the later of eight (8) years from the date of conviction, or three (3) years from the completion of the person’s sentence, unless the prosecuting attorney consents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including records contained in:
(1) a court’s files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s felony conviction.
(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that: (1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
(4) the person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c));
the court may order the conviction records described in subsection (c) marked as expunged in accordance with section 7 of this chapter. A person whose records have been ordered marked as expunged under this section is considered to have had the person’s records expunged for all purposes other than the disposition of the records. As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.10; P.L.142-2015, SEC.4.
IC 35-38-9-5 Expunging certain serious felony convictions; consent of prosecutor required
Sec. 5. (a) Except as provided in subsection (b) and section 8.5 of
this chapter, this section applies to a person convicted of a felony, including:
(1) an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and
(2) a person convicted of a felony that resulted in serious bodily injury to another person.
(b) This section does not apply to the following:
(1) A sex or violent offender (as defined in IC 11-8-8-5).
(2) A person convicted of official misconduct (IC 35-44.1-1-1). (3) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(4) A person convicted of two (2) or more felony offenses that: (A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
(c) Not earlier than the later of ten (10) years from the date of conviction, or five (5) years from the completion of the person’s sentence, unless the prosecuting attorney consents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including records contained in:
(1) a court’s files;
(2) the files of the department of correction;
(3) the files of the bureau of motor vehicles; and
(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s felony conviction.
(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.
(e) If the court finds by a preponderance of the evidence that: (1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence;
(4) the person has not been convicted of a crime within the previous ten (10) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c)); and
(5) the prosecuting attorney has consented in writing to the expungement of the person’s criminal records;
the court may order the conviction records described in subsection (c) marked as expunged in accordance with section 7 of this chapter. A person whose records have been ordered marked as expunged under this section is considered to have had the person’s records expunged for all purposes other than the disposition of the records. As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.11; P.L.142-2015, SEC.5.
IC 35-38-9-6 Effect of expunging misdemeanor and minor Class D and Level 6 felony convictions
Sec. 6. (a) If the court orders conviction records expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to the specific records expunged by the court:
(1) Order:
(A) the department of correction;
(B) the bureau of motor vehicles; and
(C) each:
(i) law enforcement agency; and
(ii) other person;
who incarcerated, provided treatment for, or provided other services for the person under an order of the court;
to prohibit the release of the person’s records or information in the person’s records to anyone without a court order, other than a law enforcement officer acting in the course of the officer’s official duty.
(2) Order the central repository for criminal history information maintained by the state police department to seal the person’s expunged conviction records. Records sealed under this subdivision may be disclosed only to:
(A) a prosecuting attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the official duties of the prosecuting attorney;
(B) a defense attorney, if:
(i) authorized by a court order; and
(ii) needed to carry out the professional duties of the defense attorney;
(C) a probation department, if:
(i) authorized by a court order; and
(ii) necessary to prepare a presentence report;
(D) the Federal Bureau of Investigation and the Department of Homeland Security, if disclosure is required to comply with an agreement relating to the sharing of criminal history information;
(E) the:
(i) supreme court;
(ii) members of the state board of law examiners;
(iii) executive director of the state board of law examiners;
and
(iv) employees of the state board of law examiners, in accordance with rules adopted by the state board of law examiners;
for the purpose of determining whether an applicant possesses the necessary good moral character for admission to the bar;
(F) a person required to access expunged records to comply with the Secure and Fair Enforcement for Mortgage Licensing Act (12 U.S.C. 5101 et seq.) or regulations adopted under the Secure and Fair Enforcement for Mortgage Licensing Act; and
(G) the bureau of motor vehicles, the Federal Motor Carrier Administration, and the Commercial Drivers License Information System (CDLIS), if disclosure is required to comply with federal law relating to reporting a conviction for a violation of a traffic control law.
(3) Notify the clerk of the supreme court to seal any records in the clerk’s possession that relate to the conviction.
A probation department may provide an unredacted version of a presentence report disclosed under subdivision (2)(C) to any person authorized by law to receive a presentence report.
(b) Except as provided in subsection (c), if a petition to expunge conviction records is granted under sections 2 through 3 of this chapter, the records of:
(1) the sentencing court;
(2) a juvenile court;
(3) a court of appeals; and
(4) the supreme court;
concerning the person shall be permanently sealed. However, a petition for expungement granted under sections 2 through 3 of this chapter does not affect an existing or pending driver’s license suspension.
(c) If a petition to expunge conviction records is granted under sections 2 through 3 of this chapter with respect to the records of a person who is named as an appellant or an appellee in an opinion or memorandum decision by the supreme court or the court of appeals, the court shall:
(1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the petitioner’s name (in the same manner that opinions involving juveniles are redacted); and
(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.
The supreme court and court of appeals are not required to destroy or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner’s name.
(d) Notwithstanding subsection (b), a prosecuting attorney may submit a written application to a court that granted an expungement petition under this chapter to gain access to any records that were permanently sealed under subsection (b), if the records are relevant in a new prosecution of the person. If a prosecuting attorney who submits a written application under this subsection shows that the records are relevant for a new prosecution of the person, the court that granted the expungement petition shall:
(1) order the records to be unsealed; and
(2) allow the prosecuting attorney who submitted the written application to have access to the records.
If a court orders records to be unsealed under this subsection, the court shall order the records to be permanently resealed at the earliest possible time after the reasons for unsealing the records cease to exist. However, if the records are admitted as evidence against the person in a new prosecution that results in the person’s conviction, or are used to enhance a sentence imposed on the person in a new prosecution, the court is not required to reseal the records.
(e) If a person whose conviction records are expunged under sections 2 through 5 of this chapter is required to register as a sex offender based on the commission of a felony which has been expunged:
(1) the expungement does not affect the operation of the sex offender registry web site, any person’s ability to access the person’s records, records required to be maintained concerning sex or violent offenders, or any registration requirement imposed on the person; and
(2) the expunged conviction must be clearly marked as expunged on the sex offender registry web site.
(f) Expungement of a crime of domestic violence under section 2 of this chapter does not restore a person’s right to possess a firearm. The right of a person convicted of a crime of domestic violence to possess a firearm may be restored only in accordance with IC 35-47-4-7.
(g) If the court issues an order granting a petition for expungement under sections 2 through 3 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.12; P.L.142-2015, SEC.6; P.L.198-2016, SEC.671.
IC 35-38-9-7 Effect of expunging serious and less serious felony convictions
Sec. 7. (a) This section applies only to a person who has filed a
petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged.
(b) The court records and other public records relating to the arrest, conviction, or sentence of a person whose conviction records have been marked as expunged remain public records. However, the court shall order that the records be clearly and visibly marked or identified as being expunged. A petition for expungement granted under sections 4 through 5 of this chapter does not affect an existing or pending driver’s license suspension.
(c) The state police department, the bureau of motor vehicles, and any other law enforcement agency in possession of records that relate to the conviction ordered to be marked as expunged shall add an entry to the person’s record of arrest, conviction, or sentence in the criminal history data base stating that the record is marked as expunged. Nothing in this chapter prevents the bureau of motor vehicles from reporting information about a conviction for a violation of a traffic control law to the Commercial Drivers License Information System (CDLIS), in accordance with federal law, even if the conviction has been expunged under section 4 or 5 of this chapter.
(d) If the court issues an order granting a petition for expungement under section 4 or 5 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.13; P.L.142-2015, SEC.7; P.L.198-2016, SEC.672.
IC 35-38-9-8 Petition to expunge conviction records
Sec. 8. (a) This section applies only to a petition to expunge conviction records under sections 2 through 5 of this chapter. This section does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile delinquency allegation under section 1 of this chapter.
(b) Any person may seek an expungement under sections 2 through 5 of this chapter by filing a verified petition for expungement. The petition must include the following:
(1) The petitioner’s full name and all other legal names or aliases by which the petitioner is or has been known.
(2) The petitioner’s date of birth.
(3) The petitioner’s addresses from the date of the offense to the date of the petition.
(4) The case number or court cause number, if available.
(5) The petitioner shall affirm that no criminal investigation or charges are pending against the petitioner.
(6) The petitioner shall affirm that the petitioner has not committed another crime within the period required for expungement.
(7) The petitioner shall list all convictions, the cause number of each conviction, if known, the date of the conviction, and any appeals from the conviction and the date any appellate opinion was handed down, if applicable.
(8) The petitioner shall include:
(A) the petitioner’s Social Security number; (B) the petitioner’s driver’s license number;
(C) the date of the petitioner’s arrest, if applicable; and
(D) the date on which the petitioner was convicted.
(9) The petitioner shall affirm that the required period has elapsed or attach a copy of the prosecuting attorney’s written consent to a shorter period.
(10) The petitioner shall describe any other petitions that the petitioner has filed under this chapter.
(11) For a petition filed under section 5 of this chapter, the petitioner shall attach a copy of the prosecuting attorney’s written consent.
(c) The petitioner may include any other information that the petitioner believes may assist the court.
(d) A person who files a petition under this section is required to pay the filing fee required in civil cases. The court may reduce or waive this fee if the person is indigent.
(e) The petitioner shall serve a copy of the petition upon the prosecuting attorney in accordance with the Indiana Rules of Trial Procedure.
(f) The prosecuting attorney shall inform the victim of the victim’s rights under IC 35-40-6 by contacting the victim at the victim’s last known address. However, if a court has no discretion in granting an expungement petition under this chapter, the prosecuting attorney is not required to inform the victim of the victim’s rights under this subsection.
(g) The prosecuting attorney shall reply to the petition not later than thirty (30) days after receipt. If the prosecuting attorney fails to timely reply to the petition:
(1) the prosecuting attorney has waived any objection to the petition; and
(2) the court shall proceed to consider the petition under section
9 of this chapter.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.14; P.L.142-2015, SEC.8.
IC 35-38-9-8.5 Expungement of certain offenses punishable by an indeterminate sentence
Sec. 8.5. (a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50.
(b) If the offense for which the person was convicted is a misdemeanor at the time the person files the petition for expungement, the person may file the petition for expungement under section 2 of this chapter.
(c) If the offense for which the person was convicted:
(1) is a Level 6 felony at the time the person files the petition for expungement; and
(2) is not substantially similar to an offense described in section
3(b) of this chapter;
the person may file the petition under section 3 of this chapter. (d) If:
(1) the person to whom this chapter applies may not seek expungement under section 3 of this chapter; and
(2) the offense the person seeks to expunge is not substantially similar to an offense described in section 4(b) of this chapter;
the person may file the petition under section 4 of this chapter. (e) If the offense for which the person was convicted:
(1) is a felony at the time of filing the petition, including a felony described in section 5(a) of this chapter; and
(2) is not substantially similar to an offense described in section
5(b) of this chapter;
the person may file the petition under section 5 of this chapter.
As added by P.L.142-2015, SEC.9.
IC 35-38-9-9 Duties of court in ruling on expungement petitions
Sec. 9. (a) If the prosecuting attorney does not object, or has
waived objection to the petition under section 8 of this chapter, the court may grant the petition for expungement without a hearing.
(b) The court may summarily deny a petition, if the petition does not meet the requirements of section 8 of this chapter, or if the statements contained in the petition demonstrate that the petitioner is not entitled to relief.
(c) If the prosecuting attorney objects to the petition, the prosecuting attorney shall file the reasons for objecting to the petition with the court and serve a copy of the objections on the petitioner at the time the prosecuting attorney objects to the petition. The court shall set the matter for hearing not sooner than sixty (60) days after service of the petition on the prosecuting attorney.
(d) A victim of the offense for which expungement is sought may submit an oral or written statement in support of or in opposition to the petition at the time of the hearing. The petitioner must prove by a preponderance of the evidence that the facts alleged in the verified petition are true.
(e) The grant or denial of a petition is an appealable final order. (f) If the court grants the petition for expungement, the court shall issue an order of expungement as described in sections 6 and 7 of this chapter.
(g) The order granting the petition for expungement described in sections 6 and 7 of this chapter must include the information described in section 8(b) of this chapter.
(h) This subsection applies only to a petition to expunge conviction records filed under sections 2 through 5 of this chapter. This subsection does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile delinquency allegation under section 1 of this chapter. A petitioner may seek to expunge more than one (1) conviction at the same time. The petitioner shall consolidate all convictions that the petitioner wishes to expunge from the same county in one (1) petition. A petitioner who wishes to expunge convictions from separate counties must file a petition in each county in which a conviction was entered.
(i) This subsection applies only to a petition to expunge conviction records filed under sections 2 through 5 of this chapter. This subsection does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile delinquency allegation under section 1 of this chapter. Except as provided in subsections (j) and (k), a petitioner may file a petition for expungement only one (1) time during the petitioner’s lifetime. For purposes of this subsection, all petitions for expungement filed in separate counties for offenses committed in those counties count as one (1) petition if they are filed in one (1) three hundred sixty-five (365) day period.
(j) A petitioner whose petition for expungement has been denied, in whole or in part, may refile that petition for expungement, in whole or in part, with respect to one (1) or more convictions included in the initial expungement petition that were not expunged. However, if the petition was denied due to the court’s exercise of its discretion under section 4 or 5 of this chapter, a petition for expungement may be refiled only after the elapse of three (3) years from the date on which the previous expungement petition was denied. Except as provided in subsection (k), a refiled petition for expungement may not include any conviction that was not included in the initial expungement petition.
(k) A court may permit a petitioner to file an amended petition for expungement with respect to one (1) or more convictions that were not included in the initial expungement petition only if the court finds that:
(1) the petitioner intended in good faith to comply with subsections (h) and (i);
(2) the petitioner’s failure to comply with subsections (h) and (i)
was due to:
(A) excusable neglect; or
(B) circumstances beyond the petitioner’s control; and
(3) permitting the petitioner to file a subsequent petition for expungement is in the best interests of justice.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.15; P.L.142-2015, SEC.10.
IC 35-38-9-10 Unlawful discrimination against a person whose record has been expunged; exceptions
Sec. 10. (a) This section does not apply to a person to whom
sealed records may be disclosed under section 6(a)(2) of this chapter. (b) It is unlawful discrimination for any person to:
(1) suspend; (2) expel;
(3) refuse to employ; (4) refuse to admit;
(5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or
(6) otherwise discriminate against;
any person because of a conviction or arrest record expunged or sealed under this chapter.
(c) Except as provided in section 6(f) of this chapter, the civil rights of a person whose conviction has been expunged shall be fully restored, including the right to vote, to hold public office, to be a proper person under IC 35-47-1-7(2), and to serve as a juror.
(d) In any application for employment, a license, or other right or privilege, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests, such as: “Have you ever been arrested for or convicted of a crime that has not been expunged by a court?”.
(e) A person whose record is expunged shall be treated as if the person had never been convicted of the offense. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction:
(1) may be considered by the court in determining the sentence imposed for the new offense;
(2) is a prior unrelated conviction for purposes of: (A) a habitual offender enhancement; and
(B) enhancing the new offense based on a prior conviction;
and
(3) may be admitted as evidence in the proceeding for a new offense as if the conviction had not been expunged.
(f) Any person that discriminates against a person as described in subsection (b) commits a Class C infraction and may be held in contempt by the court issuing the order of expungement or by any other court of general jurisdiction. Any person may file a written motion of contempt to bring an alleged violation of this section to the attention of a court. In addition, the person is entitled to injunctive relief.
(g) In any judicial or administrative proceeding alleging negligence or other fault, an order of expungement may be introduced as evidence of the person’s exercise of due care in hiring, retaining, licensing, certifying, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the order of expungement was issued.
(h) A conviction that has been expunged under this chapter is not admissible as evidence in an action for negligent hiring, admission, or licensure against a person or entity who relied on the order.
(i) An expungement case, and all documents filed in the case, becomes confidential when the court issues the order granting the petition. However, until the court issues the order granting the petition, documents filed in the case are not confidential, and any hearing held in the case shall be open.
As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.16; P.L.142-2015, SEC.11.
IC 35-38-9-11 Waiver of expungement in a plea agreement invalid
Sec. 11. (a) A person may not waive the right to expungement
under this chapter as part of a plea agreement. Any purported waiver of the right to expungement in a plea agreement is invalid and unenforceable as against public policy.
(b) This section does not prohibit the finding of a waiver of the right to expungement based on a failure to comply with the provisions of this chapter.
As added by P.L.181-2014, SEC.17.
Indiana has a special law that allows individuals to remove a negative criminal history from their background. That process is called a criminal record expungement. If you need a lawyer to help remove a bad criminal history, call an affordable criminal lawyer, Jesse K. Sanchez at (317) 721-9858! He is here to help!
A criminal record expungement is defined as the ability to “seal,” or otherwise hide or destroy court records of certain types of convictions. One of the benefits of having your criminal record expunged is that the arrest or the subsequent conviction or plea is not required to be legally disclosed.
While if you have your criminal record expunged in Indiana, you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, there still is evidence of your past criminal transgression, and the prosecution and may use that criminal history against you in certain specific circumstances allowed by state law.
Do you need a criminal expungement? Give our expungement attorney a call at (317) 721-9858. In some instances, an expungement can be an easy proposition, but still complicated and have complexities that are best handled with legal counsel, like us! Call today to speak with an expert.
Q: What is the Indiana Expungement Law in 2021?
A: The Indiana Expungement Statue states that a person whose record is expunged shall be treated as if the person had never been convicted of the offense. After your successful criminal record expungement, on any employment application, or other applications, you can legally answer that you have never been convicted of a crime.
Q: Do I need a lawyer to get my record expunged?
A: No, you do not need to hire an attorney or a lawyer to get your criminal history expunged. However, the Indiana expungement process is complex, so it makes sense to seek the help of an expungement attorney.
Q: Can my juvenile record be expunged?
A: Yes!
Q: How old do I have to be to apply to get my criminal record expunged in Indiana?
A: There is no age limit to apply for an expungement.
Q: Can I apply for expungement while I am still on probation?
A: Yes. However, it is highly unlikely that a judge will approve your expungement if you are still under supervision when you apply.
Q: I was arrested, can my arrest be expunged in Indiana?
A: If the case was dismissed, or you received a diversion (and completed that diversion), or if you were found not guilty, you can have your arrest record expunged.
Q: How long do I have to wait to get an arrest expunged in Indiana?
A: In Indiana, the waiting period to get an arrest expunged is one year.
Q: Once my record is expunged, how long does it take for my records to be destroyed or given to me?
A: Typically, it takes 6-8 weeks for all of the records to either be destroyed or given to you.
Q: How much does a juvenile record expungement cost in Indiana?
A: The cost to expunge juvenile records in Indiana is $0!
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Essentially, the Sixth Amendment of the United States Constitution guarantees criminal defendants a very specific set of rights which include:
This right is considered one of the most important in the Constitution. Without it, criminal defendants could be held indefinitely under a cloud of unproven criminal accusations.
Should the Sixth Amendment apply to your Indianapolis criminal defense case? Give a Carmel criminal defense lawyer a call at (317) 721-9858 today.
Television shows and movies make the criminal justice system both exciting and entertaining, but unfortunately, Hollywood is also responsible for spreading a number of criminal justice myths that can have serious consequences if you are arrested for committing a crime. Unfortunately, these common criminal justice misunderstandings often lead to you surrendering extremely valuable rights and help prosecutors to build their case against you! Let’s talk about common misconceptions about criminal justice system that could potentially affect the outcome of your case. If you have been arrested for a drug crime, and need the closest drug charge attorney near me, call the Law Office of Jesse K. Sanchez for assistance with your criminal defense case at (317) 721-9858.
The criminal justice system in America has a number of protections that are afforded to individuals that are arrested for the suspicion of committing a crime. The Constitution of the United States has several amendments that are included to protect a defendant from certain behaviors that law enforcement may use to convict you if you have been arrested for the suspicion of committing a crime. The Constitutional Amendments that protect your rights are:
Ultimately, the goal of the American criminal justice system is to respect for all mankind even if a defendant has permanently changed a victim’s life.
Television and movie scenes are full of criminal defense attorneys bursting into an interrogation room, stating that their client’s charges should be dropped because the officers forgot to read them their rights. Actually, when the police forget to read you Miranda rights means that any statements you made to the officers cannot be used against you, and in fact has no impact any other evidence the police may have gathered.
Criminal justice officials tell criminal suspects that cooperating without an attorney present will result in a positive outcome if you are arrested. This couldn’t be further from the truth. The police may come across as both friendly and understanding, their goal is to build a case against you. They want a conviction.
Some states allow suspects a reasonable number of phone calls after they have been arrested, when in most jurisdictions phone calls are a privilege given at the discretion of the police. The police MIGHT allow you to make a phone call based on the following factors:
The law allows police broad discretion when collecting evidence against a defendant, including the ability to lie. During an interrogation, law enforcement officers may claim that they found your fingerprints at the scene of the crime, or even worse that someone else has implicated you in a crime. The police may hesitate these tactics if you are represented by Indianapolis criminal defense lawyers that have the knowledge to challenge and review any evidence obtained against you.
You can easily avoid falling victim of these criminal justice myths if you immediately invoke your right to an attorney that works in Indianapolis criminal defense. One of the best decisions that you can make would be to contact Jesse K. Sanchez as soon as possible at (317) 721-9858. We are available 24 hours a day, 7 days a week, 365 days a year. Call now before it’s too late!
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment of The Constitution of the United States essentially means that law enforcement officers need to have probable cause before they can legally enter into a residence in order to perform a search, and they have a warrant to legally perform a search.
If you are in Carmel, Indiana and you believe that you have recently been charged in an Indiana criminal defense case, then you need a Carmel defense lawyer. Call our office at (317) 721-9858.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fifth Amendment of the Constitution of the United States essentially states that a defendant is protected from a second trial once a “not guilty” verdict has been issued. The defendant is also given the right to justice and to not be proven guilty without due process of law. The Fifth Amendment addresses self-incrimination.
Have you been arrested and you need a Carmel, Indiana criminal defense lawyer? What about a Marion county criminal defense attorney? Call our office at 317-721-9858.
Dealing with the criminal justice system is a life altering experience that is extremely stressful because your very freedom is at risk. Most criminal and civil cases are settled through a plea agreement; but, in some situations, you may have no choice but to go to trial. Knowing what to expect beforehand can provide some peace of mind and help you make better decisions. You probably will have several questions to ask a criminal defense attorney. If you have questions to ask of an Indianapolis criminal lawyer, call us at (317) 721-9858 now. Time is of the essence.
Court procedures differ slightly from one county to another, and each judge runs their courtroom a bit differently. We are an Indiana defense law firm with a wealth of experience with defending a number of criminal cases, but also, we have experience in trying cases throughout the State of Indiana.
The value of an experienced skilled criminal defense lawyer is impossible to measure. Again, your future freedom is at risk. Before your criminal trial begins, make sure your defense attorney has specific experience handling similar situations to yours. We’ve represented our clients in a number of different criminal cases which include:
Because we have a broad experience of providing representation for our clients, we are confident that we can provide the best criminal defense for your situation.
Knowing your lawyer’s legal strategy and the reasons for that approach can help you mentally prepare for the trial. You should be able to clearly understand the purpose of the type of arguments as well as the reason why an argument is made. As part of your defense strategy, some attorneys may recommend that you should not testify for yourself.
There are some instances where it is most beneficial for you to testify, and others, not so much. In criminal court, only the defense can call a defendant to the stand. Testifying may not be in your best interests depending on a number of factors specific to your case.
No reputable Hamilton County defense attorney will promise an acquittal for your case, but they should be able to predict the most likely outcomes. In some instances, a plea agreement may be possible for your case. Often, criminal prosecutors will become less likely to agree to a plea bargain once a trial begins. As your defense attorney, we will thoroughly explore and explain all options available before the trial date, which will give an indication of likely outcomes.
Defense attorneys generally work on an hourly basis, which makes giving an exact quote difficult. When you’re facing a legal issue, working with a lawyer gives you a peace of mind that you are working with an expert legal representative to help you in your situation. We offer flexible payments which can mean a variation of fee schedules. The current fee that we charge for a criminal expungement can begin at $1,200.00, while the retainer charged for a major felony criminal defense can be significantly higher.
If you’ve been accused of a crime, The Law Office of Jesse K. Sanchez will provide you with the zealous criminal defense you deserve. We have successfully defended our clients who were facing a variety of criminal charges. Give us a call at (317) 721-9858 for help today!
You may wonder how to get a DUI off your record if you have a conviction. What you would need is an expungement to get that OWI off your record. Here are some aspects that will help you understand your rights when working to get your DUI removed from your background. But first, call a drunk driving lawyer at (317) 721-9858.
The Indiana expungement process is the process of sealing a criminal record. In Indiana, this is also called the Indiana Second Chance Law. When the criminal record is expunged, the paper and electronic forms of the recorded charges will only exist in a separate location that most people cannot access. The expungement law does allow access of a criminal record to the following groups of people:
To expunge your DUI arrest, you must first file an expungement petition and attend a court hearing. You can expunge a variety of criminal charges. You should talk to an Indiana DUI lawyer as soon as you are charged with DUI, so as your skilled criminal attorney, we can help you avoid a conviction and a permanent criminal record.
Our law firm is experienced in criminal defense and expungement of criminal records, and understand how important it is to have a clean record. Whether you need a DUI lawyer for pending drunk driving or drugged driving charges, or help with expunging criminal records in other criminal cases. At The Law Office of Jesse K. Sanchez, you can depend on our dedication to be your strong, effective and affordable legal advocates. Give us a call at (317) 721-9858 today.
