Early Expungement in Marion County
Expungement eligibility in Indiana is largely determined by the amount of time that has passed since the petitioner’s arrest, charge, or conviction, or the time that’s elapsed since the petitioner has completed their sentence. However, this waiting period can be waived by the prosecutor. It’s not a common practice, but some counties do allow it. For example, hundreds of individuals have successfully filed for early expungement in Marion County, as the prosecutor allows it.
If you have been arrested, charged or convicted of a criminal offense in Marion County, Indiana, there’s no need to let your criminal past hold you back. Whether you’re interested in DUI expungement, misdemeanor expungement or the sealing of more serious records, the Indianapolis expungement lawyers at Keffer Hirschauer LLP can help. We have an entire team dedicated to helping guide our clients through the Indiana expungement process in a precise, but timely manner.
To explore the prospect of early expungement in Marion County, call Keffer Hirschauer LLP today at 317-751-7186 or complete our online contact form to schedule a free consultation.
The Basics of Indiana Expungement
Generally, the expungement laws in Indiana allow for the sealing of arrests and criminal charges that did not result in a conviction, as well as misdemeanor convictions that are at least five years old, certain felony convictions that are at least eight years old, and more. However, prosecutors may approve expungement petitions for records that are more recent than the time requirements listed in the expungement statute. This mechanism allows individuals to petition for early expungement in Marion County.
One important caveat regarding expungement in Indiana is that it’s a one-time deal. So, while there is no limit to how many records you can get expunged, you may only petition for expungement once. Furthermore, in that one petition, every single record that you’d like sealed must be listed. This isn’t too much of a challenge when all of your criminal records pertain to a single county. However, when criminal records exist in multiple counties, the process can become rather complicated, as you’ll need to file a petition for expungement in each individual county, all within a one-year period of time. The only exception to the one-time expungement limit is records relating to arrests that did not result in a conviction. These are called Section 1 expungements and can be filed as many times as needed.
When it comes to the actual process of filing a petition for expungement, many people wonder “should I hire a lawyer to expunge my record or should I go the DIY route?” This is a good question and one that is unique to each individual situation. But it’s important to understand that given all the complexities and strict requirements of expungement law, it’s often best to work alongside an experienced Indianapolis expungement attorney. This will ensure that your expungement petition covers as much of your criminal record as possible, is filed in a timely manner, and most importantly, meets the requirements set forth in the Indiana Rules of Trial Procedure.
Eligibility and Early Expungement in Marion County
Anyone who wishes to petition for expungement in Indiana must wait a certain amount of time prior to filing their petition. This expungement waiting period is based upon both the severity and nature of the crime. For example, if you have been convicted of a misdemeanor in Indiana, you’ll need to wait five years following the date of your conviction prior to filing your petition. In addition, you must be free of any criminal convictions during that same five-year period.
Anyone who is seeking felony expungement in Indiana will face significantly longer waiting periods and must meet additional, more strict expungement eligibility requirements. For instance, those hoping to expunge a Level 6 felony that has not been reduced to a misdemeanor must have waited 8+ years since the date of their conviction and had no new convictions within that same time period. Furthermore, they cannot have any pending criminal charges and must have paid all fines, fees, court costs and restitution order.
Individuals seeking the expungement of a major felony, which include Level 5 felonies and higher, must satisfy the following requirements:
- 8+ years have passed since your conviction OR 3+ years from the completion of your sentence, whichever is later
- You have had no convictions in the eight years prior to requesting expungement
- You have no criminal charges currently pending
- You have paid all fines, fees, court costs, and restitution orders
- You have paid the expungement filing fee
Individuals seeking the expungement of a serious felony, which include offenses resulting in serious bodily injury to another person and offenses committed while serving an elected public office or as a candidate for public office, are able to seek expungement if they fulfill the following requirements.
- 10+ years have passed since your conviction OR 5+ years from the completion of your sentence, whichever is later
- You have had no convictions in the ten years prior to requesting expungement
- You have no criminal charges currently pending
- You have paid the expungement filing fee
- The prosecutor consents to expungement
However, it’s important to note that under no circumstances is expungement available for the following offenses:
- Sex or violent offender under Indiana Code11-8-8-5
- Official misconduct under Indiana Code 35-44.1-1-1
- Homicide, voluntary manslaughter, or involuntary manslaughter
- A person convicted of two or more offenses involving the use of a deadly weapon that were not committed as part of the same episode of criminal conduct
Can You File for Early Expungement in Marion County?
Yes, you can file for early expungement in Marion County, Indiana if the prosecutor consents to the early petition. However, there are a couple of considerations to make when deciding whether early expungement is the best decision for you.
First, as mentioned earlier, expungement in Indiana is a one-time deal. This means that if you file for early expungement in Marion County but have records in other counties that are not yet eligible for expungement, you will not be able to have those records sealed in the future. Secondly, in order to be considered for early expungement in Marion County, the county prosecutor will want to see that you are a strong candidate for early expungement. Often times, this means that you have successfully completed your sentence, paid all of your fees, and that you are highly unlikely to re-offend.
While early expungement is an option for those with criminal records in Marion County, obtaining prosecutor consent is no easy feat. Most often, those granted consent have retained the counsel of an experienced expungement attorney in Indianapolis who has a strong understanding of how the prosecutor’s office approaches these types of cases. For example, the majority of the Indianapolis expungement lawyers at Keffer Hirschauer LLP are former deputy prosecutors who have first-hand experience handling early expungement requests. They know the ins and the outs of Indiana expungement law and provide their clients with a better chance at being granted an early expungement in Marion County.
Ready to Explore Early Expungement in Marion County?
Whether you need help with an early expungement in Marion County, or simply have questions regarding what crimes can be expunged in Indiana or how to handle expungements in multiple counties, the Indiana expungement lawyers at Keffer Hirschauer LLP are ready to assist you.
Our Indianapolis expungements team has plenty of experience when it comes to petitioning for early expungements in Marion County. We can assist you in confirming your eligibility, gathering case records and court documents, researching your criminal history, and preparing your petition. We also are prepared to communicate with the prosecutor’s office on your behalf, represent you in court, and if successful, distribute notice of your expungement to all relevant state agencies.
If you’d like to speak with an Indianapolis expungement lawyer today, call Keffer Hirschauer LLP at 317-857-0160 or complete our online contact form to schedule a free consultation.
