If you’re someone with a criminal record and you would like to get your criminal background sealed then you are looking for an Indiana criminal record expungement. Let’s talk about how to file for expungement in Indiana. Remember, when you need an Indianapolis expungement attorney, call the Law Office of Jesse K. Sanchez at 317-721-9858 for help today.
What is a Criminal Record Expungement
Expungement refers to the process of sealing arrest and conviction records. laws that allow people to expunge arrests and convictions from their records. When you are exploring your expungement options, you need to ask yourself the following questions.
- Is the offense eligible for expungement
- Are you eligible for expungement
- What is the expungement process
Getting an Indiana criminal expungement can have several positive effects upon your life. If you are considering an expungement or your arrest records sealed, call (317) 743-0771 today.
How is an Indiana Criminal Record Expungement Different
A criminal record expungement in Indiana is different than a criminal record expungement available in any other state. One thing about an expungement in Indiana is that felons are allowed to get their right to own a gun restored. In that instance, Indiana gun rights attorney, Jesse K. Sanchez will be able to help with getting your right to own a gun restored. HOWEVER, if you were convicted of a misdemeanor or felony involving domestic violence, then your right to possess a firearm is not automatically restored by the court. Another key aspect of an expungement in Indiana is how prospective employers are able to treat those members of society that have had their criminal records expunged.
According to the Indiana Second Chance Law or Indiana Expungement Statute, it is considered an unlawful form of discrimination for an employer or prospective employer to
- Refuse to Employ
- Refuse to Admit
- Refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession
They also are legally prohibited from otherwise discriminating against
any person because of a conviction or arrest record expunged or sealed under the Indiana Second Chance Law.
The Indiana Expungement Law, also known as the Indiana Second Chance Law is an expungement law that is truly the opportunity to legally start with a criminal record that is truly sealed to the general public.
How to Get a Misdemeanor Expunged in Indiana
Obtaining an expungement in Indiana for a misdemeanor conviction is not a difficult process with a large number of restrictions. You can qualify for an Indiana criminal record expungement if you have completed the conditions of your sentence and a minimum of five years have passed since the date of your criminal conviction. Once you are ready to learn how to get your misdemeanor in Indiana expunged, call Indiana expungement lawyer Jesse K. Sanchez a call today at (317) 743-0771!
How to Get a Felony Expunged in Indiana
If you are in the need to get a felony expunged in Indiana there’s great news. There are certain felonies that cannot be expunged in Indiana. The felonies that are currently not available for expungement are:
- Persons convicted of sex offenses
- Persons convicted of violent offenses
- Persons convicted of official misconduct
- Persons convicted of homicide
- Persons convicted of human and sexual trafficking offenses
- Persons convicted of sex crimes
Here is a key point to how serious felony expungements in Indiana are handled. Serious felonies are felonies that are above Level 6 or Class D in nature. In the instance of a serious felony, the court MAY grant expungement, but expungement is not mandatory. For a Level 1, 2, 3, 4 or 5 Felony, or a Class A, B, or C Felony, your expungement is not mandatory.
At your expungement hearing, you or your Indiana Expungement Lawyer will likely have to go to a hearing and argue to the judge why the judge should grant your Indiana criminal record expungement. Any evidence on how you have turned your life around since the conviction, that you can provide to the court, can help persuade the judge to grant your expungement in Indiana.
If your Indiana expungement petition is denied by the judge, you are eligible to reapply for expungement every three years afterwards for the conviction for which the expungement was denied. This clause only applies to felonies OTHER THAN Level 6 or Class D.
Level 6 felonies and Class D felonies are mandatory expungements, which means that the court MUST grant an expungement for Class D or Level 6 felony convictions. Call an Indiana expungement lawyer today.
The Cost to Expunge Record in Indiana
If you’re wondering what is the Indiana expungement cost then be prepared for the unexpected expense. The cost to expunge a felony, misdemeanor, arrest or pretrial diversion in Indiana can vary greatly based upon the county. Arrests and pretrial diversions are eligible to be expunged at no cost to the applicant. The cost range for an expungement in Indiana AS AN AVERAGE can cost anywhere from $850-$5,000
Apply for an Indiana Criminal Record Expungement Today
The Indiana Second Chance Law is a way of how to expunge your record and erase the stigma of having a felony, misdemeanor, arrest or pretrial diversion in Indiana. An Indiana expungement is a way that you can wipe the slate clean and it can be done at a cost that is affordable and attainable for you. When you are ready get a call criminal defense lawyer Jesse K. Sanchez at (317) 743-0771 to get your Indiana felony expunged, a misdemeanor expunged, an arrest or pretrial diversion expunged today.