Looking for an Expungement Attorney in Anderson, Indiana?
Anyone with past arrests, charges, and/or convictions can attest to the fact a criminal past carries a massive burden. Not only does it hurt one’s reputation, but it creates a series of unnecessary roadblocks in one’s day-to-day life; complicating things as ordinary as getting a job, renting an apartment, securing a loan, or purchasing a firearm. However, it doesn’t have to be that way. With the help of an expungement attorney in Anderson, Indiana, you may be able to seal your criminal records and begin writing the next chapter in your life story.
Regardless of whether you hope to pursue a DUI expungement in Indiana or would like to explore sealing more serious criminal records, the Indiana expungement lawyers at Keffer Hirschauer LLP are available to help you. Our Indianapolis law firm has an entire team dedicated to guiding Hoosiers through the Indiana expungement process in a precise, but timely manner. Furthermore, we offer a money-back guarantee on qualifying expungement services. That’s how confident we are in our expungement team!
The Basics of Expungement in Indiana
Generally, the expungement laws in Indiana allow for the expungement or sealing of arrests that did not result in a conviction, misdemeanor convictions at least five years old, certain felony convictions at least eight years old, as well as various other records, including protective orders. The reason that expungement is important is that potential employers, landlords, courts, and licensing organizations can all ask questions about your criminal past and/or access your criminal record through a background check or sources such as Indiana’s online case history portal. However, if you successfully petition the courts and obtain an expungement of your records, those records will be sealed from everyone, except those with government access (in most cases). Furthermore, you would no longer be legally obligated to answer questions about your criminal past. For example, if a potential employer asked during a job interview, “have you ever been convicted of a felony in Indiana,” you could legally say in Indiana, “No, I have not.”
Eligibility for Expungement
In Indiana, a person’s expungement eligibility is determined by several factors including the nature of their criminal record; the level and nature of the offense; the amount of time that’s passed since the arrest, charge or conviction; and any additional characteristics related to the petitioner that may be relevant to the expungement. Since these eligibility requirements vary case-by-case, it’s best to consult with an experienced expungement attorney in Anderson, Indiana before moving forward with your petition. To speak with one today call 317-857-0160 or complete our online contact form to schedule a free consultation with an expungement attorney from Keffer Hirschauer LLP.
It’s important to understand that, in Indiana, most arrests and dismissed charges are not automatically expunged. They are, however, eligible for expungement. If a person’s arrest or charge did not result in a conviction OR the person’s arrest resulted in a conviction that was overturned on appeal, a court MUST grant their request for expungement, if they satisfy the following factors:
- The person is not actively participating in a pretrial diversion program
- It’s been one or more years from the date of their arrest
- They have had no convictions in the year prior to seeking expungement
- There are no criminal charges currently pending against them
- They have successfully completed all diversion program requirements
In addition, requests for an Indiana expungement related to misdemeanors or Class D / Level 6 felonies that have been reduced to misdemeanors, MUST be granted by courts if the person satisfies the following factors:
- 5+ years have passed since the date of their conviction
- The person has had no conviction in the 5 years prior to requesting the expungement
- They have no criminal charges currently pending against them
- They have paid all fines, fees, court costs, and restitution orders
- They have paid the expungement filing fee
Felony Expungement in Anderson, Indiana
In Indiana, those petitioning for a Class D / Level 6 felony expungement must have their request granted by the court if eight or more years have passed since their conviction and they have had no new criminal convictions. Furthermore, they cannot have any pending criminal charges and must have paid all fees, court costs, fines, restitution orders, and the expungement filing fee.
Major felonies (those classified higher than Class C / Level 5), on the other hand, require the petitioner to meet higher and additional conditions in order to qualify for expungement. However, meeting these requirements does mean that an expungement request will be automatically granted. In fact, the decision to grant or deny a major felony expungement request is completely up to the court. Furthermore, major and serious felony offense records that have been granted expungement are not sealed, like lower-level felonies or misdemeanors. Instead, they are simply marked “expunged.”
To qualify for major felony expungement, 8+ years must have passed since the conviction OR 3+ years have passed since the completion of the sentence, whichever is later. The person must also be eight years free from convictions prior to requesting expungement, may not have any current pending criminal charges, have completed payment of all fines, fees, court costs, and restitution orders, and paid their expungement filing fee in full.
Given the challenges associated with a major felony expungement petition, working with a skilled expungement attorney in Anderson, Indiana is highly recommended. Doing so will provide a petitioner with a better chance of having their request granted by the court.
Serious Felony Expungement in Indiana
While Indiana law does allow for the expungement of serious felonies, which include offenses that resulted in serious bodily injury to another person or were committed by a person while they were serving an elected public office or as a candidate for public office. However, this does not apply to a handful of offenses including sex or violent offender per Indiana Code 11-8-8-5; official misconduct under Indiana Code 35-44.1-1-1; homicide, voluntary manslaughter, or involuntary manslaughter; or a person convicted of two or more offenses involving the use of a deadly weapon that was not committed as part of the same episode of criminal conduct.
If a person’s serious felony offense is eligible for expungement and they meet the following requirements, the court may proceed to decide whether or not to grant their expungement:
- 10+ years have passed since their most recent conviction OR 5+ years have passed from the completion of their sentence, whichever is later
- No convictions in the 10 years prior to requesting expungement
- No criminal charges currently pending
- All fines, fees, court costs, and restitution orders has been paid
- Expungement filing fee has been paid
- The prosecutor consents to expungement
Although being granted an expungement for a serious felony is far from a guarantee, a skilled felony expungement lawyer will understand everything that needs to be done to put you in the best position possible to have your records sealed. If you’re looking for an entire team of felony expungement lawyers, feel free to call Keffer Hirschauer LLP today at 317-751-7186 or complete our online contact form to schedule a free consultation. Our expungement attorneys in Anderson, Indiana have guided thousands of individuals through this process and are prepared to do everything in their power to help you move forward with your life.
Filing a Petition for Expungement
In order to have your criminal records expunged, you’ll need to file a petition or written request in either the court that entered the judgment of conviction or the county of the arrest/charge. While may seem simple, the requirements set forth in Indiana expungement law are quite complex, as they differ depending on which type of criminal record you’d like to have expunged. Furthermore, the petition for expungement must be compliant with the Indiana Rules of Trial Procedure, filed in a timely manner, and served on the county prosecutor.
It’s important to understand that there are no limits on how many records you can get expunged. However, expungement is a one-time deal in Indiana, and every single record that you would like to have sealed must be listed in your petition. Furthermore, if you want to expunge records in various counties, you will need to file a petition for expungement in each individual county. These petitions must all be filed within a one-year period, and all expungement petitions for a single county must be filed together.
Once the petition is filed, the court will review it. In some cases, they may hold a hearing, while in others they may simply just approve the petition. If the court does, in fact, approve your petition, it will then issue an order directing that the criminal records identified in your petition be sealed.
How an Expungement Attorney in Anderson, Indiana Can Help You
Many Hoosiers wonder “Do you need a lawyer for expungement?” or “Can I get my record expunged without a lawyer?”? While that decision is completely up to you, and dependent on your own personal circumstances, choosing to work with an expungement lawyer is often the best decision. The expungement process in Indiana is complex. Therefore, working alongside an experienced attorney can be incredibly beneficial. This is especially true when it comes to meeting the strict deadlines and requirements set forth in Indiana expungement law.
When looking for “lawyers near me that do expungement,” look no further than Keffer Hirschauer LLP’s expungement attorneys in Anderson, Indiana. Although our offices are in Indianapolis, we have attorneys that do expungements all over the state. Our team is vastly experienced when it comes to these types of petitions and routinely help clients confirm their eligibility, gather case records and court documents, research their criminal history, and prepare their expungement petition. We also are prepared to represent you in court in Madison County, Indiana. If successful, we’ll even distribute notice of your expungement to all relevant state agencies.
Ready to Speak with an Expungement Attorney With Experience in Anderson, Indiana?
If you’ve been googling “Expungement lawyers near me,” the Indiana law firm of Keffer Hirschauer LLP stands ready to help you begin the next chapter in your life. As former deputy prosecutors, we fully understand just how troublesome a criminal record can be, especially when it comes to firearms, employment, and housing. That’s why we take pride in helping Hoosiers take back control of their own lives through Indiana expungement.
If you have questions about eligibility, petitioning, or other topics, like Indiana expungement and firearms, contact a member of our team today by calling 317-751-7186 or scheduling a free consultation using our online contact form. If chosen as your legal representation, you can rest assured that our Indiana expungement lawyers will do everything in their power to help provide you with a favorable resolution to your case.