New Year’s Resolution #1: Erase My Criminal History

January 01, 2014

By Keffer Hirschauer LLP

Would you like to start the New Year off with a clean slate? If an arrest, charge, or conviction has been following you around and making it difficult to obtain jobs, housing, loans, or to improve your life, you may be eligible to expunge your record.

In July of 2013, the Indiana General Assembly made revisions to the Indiana Criminal Code that included significant changes to the law regarding expungements and the sealing of criminal records. The original purpose of the statute was to help individuals get back to work by preventing the release of criminal history information that current and future employers might use to disqualify an individual for employment. To that end, Indiana’s expungement statute divided expungement offenses into five (5) categories:

Category 1: Individuals who have been arrested but were not convicted
Category 2: Individuals who have been convicted of a misdemeanor (or a D felony or Level 6 offense that was reduced to a misdemeanor)
Category 3: Individuals who have been convicted of a D felony or Level 6 offense
Category 4: Individuals who have been convicted of a felony that does not require Prosecutor consent to expunge
Category 5: Individuals who have been convicted of a felony that does require Prosecutor consent to expunge

Each category of expungement offense has its own criteria for application; including, requirements concerning time restrictions for filing, criminal history limitations, and status of driving privileges. Moreover, each category of expungement offenses has its own privileges should a petition be granted. These include: sealing BMV and police records, sealing of court files, and a prohibition of discrimination by employers and others based on an expunged conviction.

As we move into 2014, now is the time to act! To determine your eligibility to file for expungement and permanently seal your criminal records, you need to contact an attorney with the Keffer Hirschauer LLP team. We stand ready to provide our clients with trusted representation and accurate information regarding their eligibility to file under the new law. Act now and contact Keffer Hirschauer LLP today at (317) 857-0160 or at 1-800-NOT GUILTY.