New Indiana Law Makes Cases Eligible for Expungement

New Indiana Law Makes Cases Eligible for Expungement

We have devoted several previous blogs to the subject of expungements, including how our firm’s work has helped clarify and expand expungement law in Indiana, where criminal histories are kept in Indiana, and how records can be sealed or expunged in Indiana. Now, effective July 1, 2019, new changes to Indiana’s expungement law have gone into effect.

Changes in Indiana Expungement Laws

Prior to the most recent legislative change, Indiana law has never allowed for the expungement of protective orders, forfeitures, or specialized driving privilege. However, now courts in Indiana will be able to grant expungements that seal the records of these types of matters. For example, if an individual had a criminal conviction, during which that individual’s driving privileges were suspended and the individual sought specialized driving privileges, that individual can now seek to expunge both the criminal conviction and the records associated with those specialized driving privileges. Further, if an individual had their case dismissed, but law enforcement proceeds with a forfeiture action anyway to take that person’s property, that forfeiture matter may be expunged along with the dismissed case. And finally, if a petition for a protective order has been filed against a person, but the petition was never granted, the individual against whom the protective order was sought may now be able to have those records expungement from public databases.

Cases That Are Not Eligible for Expungement

However, while the new expungement law has granted several new types of matters than can be expunged, it has also excluded several types of cases. Currently, individuals convicted of a felony involving death, individuals with two unrelated felony convictions involving the unlawful use of a deadly weapon, or individuals with a conviction under Indiana Code 11-8-8-5 may not be eligible for expungement. It’s important to remember that every situation can be different, and the expungement attorneys at Keffer Hirschauer LLP can help you determine if you or a loved one are eligible for an expungement.

If you or a loved one are in need of an expungement, contact the Indiana expungement attorneys at Keffer Hirschauer LLP today. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individual histories. Act now and contact us today at 1-800-NOT-GUILTY or (317) 202-1163.

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