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Meet Your Attorney – Jesse K. Sanchez

Indianapolis criminal defense attorney, Jesse K. Sanchez, has years of experience defending crimes of domestic violence, all felonies and misdemeanors. From domestic battery and invasion of privacy to strangulation, confinement and intimidation. Can the State prove their case? What are your defenses? What if the alleged victim does not want to proceed with the case? Get some answers: Call Jesse K. Sanchez for a free consultation.

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As an Indianapolis Expungement Lawyer, The Law Office of Jesse K. Sanchez often receives requests regarding the Indiana Expungement, or the Indiana Second Chance Law. If you are in the need of a lawyer to help you with a criminal record sealing or criminal record expungement call The Law Office of Jesse K. Sanchez a call today at 317-721-9858 today! indiana second chance law

What is a Criminal Expungement?

A criminal record can create a world of negative outcomes and consequences. If the record has either been the result of an arrest, or the expungement is the result of a criminal conviction. An expungement is a court-ordered process in which the legal record of an arrest or certain criminal convictions are “sealed,” or erased by the judicial system. When a criminal arrest or a criminal conviction is expunged, the legal process may also be referred to as “setting aside a criminal conviction.” In today’s criminal justice system, particularly in the state of Indiana, the process of criminal record expungement has become more common.

What is the Indiana Second Chance Law?

In 2011, the Indiana General Assembly passed legislation that allows individuals to seal portions of their criminal record. The legislation was revised and condensed in to Indiana Code 35-38-9 effective July 1, 2013. That legislation is called the “Indiana Second Chance Law”.

If you are successful in sealing portions of your criminal record under the Indiana Second Chance Law, you can be assured that any criminal court case that has been sealed won’t appear on a criminal history check by organizations or individuals.

Who Can Still See Your Criminal Record After Your Record is Sealed?

Though non-criminal justice entities can no longer see your criminal record there are several entities that still are able to access the information. Criminal justice agencies like:

  • Criminal courts
  • County prosecutors office
  • Police

All will continue to have access to all of the information in your criminal history. Even though the Indiana Second Chance Law has been nicknamed the “Indiana expungement law,” Indiana’s Second Chance Law restricts access to criminal records. Unfortunately, the Second Chance Law does not erase or expunge your criminal history.

Who is Eligible to Have a Criminal Record Sealed Under the Indiana Second Chance Law?

While the Indiana Second Chance Law is liberal in how it is applied, there are different classifications of individuals that actually qualify to have the access to their criminal records restricted. Taken directly from the City of Indianapolis website, Indy.gov here are the following restrictions and allowances under the Indiana Second Chance Law.

Individuals Not Determined To Be Guilty

This section applies to those individuals where:
(1) the arrest did not result in a conviction or juvenile adjudication; or
(2) the arrest resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal.

At least one year after the date of arrest, a person may petition to seal records contained in the court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and 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 arrest. A person who files a petition to seal arrest records is not required to pay a filing fee.

Individuals Convicted of a Misdemeanor, Including Class D Felony Reduced to a Misdemeanor

This section applies only to a person convicted of a misdemeanor, including a Class D felony reduced to a misdemeanor.

At least five 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 the court to restrict access to records contained in a court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and 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.

The court will order conviction records to be restricted if there is convincing evidence that:

(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person does not have an existing or pending driver’s license suspension;
(4) the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and
(5) the person has not been convicted of a crime within the previous five (5) years.

Individuals Convicted of a Non-Violent Felony

Except as provided in subsection (b), this section applies only to a person convicted of a felony.
(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 an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.

At least eight years after the completion of the person’s sentence (including the completion of any term of supervised release and the satisfaction of all other obligations placed on the person as part of the sentence, unless the prosecuting attorney consents in writing to an earlier period), a person may petition the court to restrict access to a court’s files; the files of the department of correction; the files of the bureau of motor vehicles; and 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.

The court will order conviction records to be restricted if there is convincing evidence that:

(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person does not have an existing or pending driver’s license suspension;
(4) the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and
(5) the person has not been convicted of a crime within the previous eight (8) years;

Individuals Convicted of a Violent or Sexual Felony

Except as provided in subsection (b), 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 an offense described in IC 35-42-1; IC 35-42-3.5; or IC 35-42-4.

At least ten years after the completion of the person’s sentence (including the completion of any term of supervised release and the satisfaction of all other obligations placed on the person as part of the sentence, unless the prosecuting attorney consents in writing to an earlier period), the individual may petition the court to restrict access to records contained in a court’s files; 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.

The court will order conviction records to be restricted if there is convincing evidence that:

(1) the period required by this section has elapsed;
(2) no charges are pending against the person;
(3) the person does not have an existing or pending driver’s license suspension;
(4) the person has successfully completed the person’s sentence, including any term of supervised
release, and satisfied all other obligations placed on the person as part of the sentence;
(5) the person has not been convicted of a crime within the previous ten (10) years; and
(6) 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.

What Types of Crimes Can Be Expunged?

Criminal record expungement does come with its limitations. Though some criminal convictions in Indiana can be expunged, there are a number of crimes in the state that are generally unable to be expunged. Those crimes can include the following:

  • Murder
  • Rape
  • Sexual battery
  • Corruption of a minor
  • Sexual imposition
  • Obscenity or pornography involving a minor
  • Serious weapons charges

The real benefit of a criminal record expungement or criminal record sealing, outside of the immediate obvious, is that when your criminal record is sealed, it does not show up on a criminal background check. Even though your criminal record is sealed, it isn’t destroyed. But remember, the most important reasoning behind getting a criminal record expungement is that you are able to get past those past indiscretions and move on with your life. Call Indianapolis criminal defense lawyer, Jesse K. Sanchez at 317-721-9858 for help with getting your record sealed today!

Indianapolis Expungements Lawyerthe process can be short

If you previously looked at having your criminal record expunged and you thought it was not possible in Indiana, think again. It’s time to take another look to see whether this process can now help you clean up your criminal record. When the time comes and you are ready for an Indianapolis Expungement Lawyer, give the Law Office of Jesse K. Sanchez a call today at 317-721-9858. Instead of searching for an “expungement lawyer near me“, let Indiana Expungement Attorney Jesse K. Sanchez help with completing your Indiana expungement case today.

Contact Me For Help

(317) 721 9858

At the Law Office of Jesse K. Sanchez you will get an attorney who will make your battle his own and who will strive to understand your goals in representation.