Expungement Lawyers in Indianapolis
If you’re looking to hire one of the top expungement lawyers in Indianapolis, you’ve come to the right place. Keffer Hirschauer LLP is a leading expungement law firm in Indiana. We have helped expunge thousands of criminal records, all throughout the state, and pride ourselves on guiding our clients through the expungement process in a precise, yet timely manner.
Our Indianapolis expungement law firm employs an entire team dedicated to the process of sealing criminal records. This means they have ample experience gathering case records and court documents, researching criminal histories, and preparing expungement petitions. On top of that, two Indiana expungement attorneys review every petition filed by our firm, ensuring that no small mistakes are made and that everything is filed in a compliant manner. In fact, we’re so confident in our services that we a money-back guarantee on qualifying expungement services—a win-win for those clients!
There’s no need to continue living with the incredible burden of a criminal record. To put your criminal past behind you and start this next chapter in life, contact a member of our expungement team today by calling 317-751-7186 or completing our online contact form to schedule your free consultation.
The Basics of Expungement in Indianapolis
The sheer existence of a criminal record can have a devastating impact on a person’s day-to-day life; making it difficult to find a good job, obtain housing or much-needed loans; purchase or carry a firearm; or simply just improve their life. However, thanks to the expungement laws in Indiana, Hoosiers may now petition the State to have records related to most arrests, charges, or convictions sealed. If granted, this would allow the person to truly move forward and begin a new chapter in their life.
Who is Eligible for Expungement in Indiana?
Under Indiana’s second chance law, expungement eligibility is determined by evaluating several factors, specific to the petitioner and their criminal record. These factors include:
- the nature of the petitioner’s record
- the level and nature of the offense
- the amount of time that’s passed since the arrest, charge or conviction
- any other additional characteristics related to the petitioner that may be relevant
Determining eligibility for expungement can be a difficult task, especially when hoping to expunge more than one criminal record. Given this, it’s recommended that anyone hoping to seal their criminal records first consult with an expungement law firm. Keffer Hirschauer LLP employs several Indianapolis expungement lawyers, along with an entire team of legal professionals whose sole focus is expungement. So, if you need assistance understanding your expungement eligibility, do not hesitate to give us a call or to set up a free consultation with a member of our expungement team.
What Types of Records Can be Expunged in Indiana?
Generally, allow for the expungement or sealing of arrests that did not result in a conviction; certain felony convictions that are at least eight years old; and certain misdemeanor convictions that are at least five years old. Certain other records may be sealed through expungement as well, including forfeiture records, post-conviction relief records, trial and appellate court records, and police reports.
How Many Records Can You Have Expunged in Indiana?
One of the most common questions that our expungement lawyers in Indianapolis are asked by clients is: “how many records can you get expunged?” Well, the answer is that you can expunge as many criminal records as you’d like in Indiana. However, there’s one caveat. In Indiana, expungement is generally a one-time deal. This means that when filing a petition for expungement, you’ll need to include each and every record that you would like to have sealed. On top of that, those with criminal records in different counties will need to file a petition(s) in each individual county, all within a one-year period of one another.
For example, let’s say you want to expunge two records in Marion County, three records in Boone County, and one record in Hamilton County. If you start by filing a petition in Boone County, you’ll then have one year to file the two additional petitions, one in Marion County and another petition in Hamilton County.
For some, this can be a very challenging process, especially when multiple records in multiple counties are involved. To ensure that your request covers as much of your criminal record as possible and that your petitions are filed within the required time period, it’s best to work with an Indianapolis law firm specializing in expungement. These types of firms often employ a team of paralegals who understand how to request and obtain the required documents from the Clerk’s office in a timely manner.
Can You Expunge a Felony in Indiana?
Yes, you can expunge a felony in Indiana. However, only qualifying Level 6 felony expungements are guaranteed to be granted, provided the eligibility requirements have been met. For Level 6 felonies, the eligibility requirements are as follow:
- 8+ years have passed since the conviction
- No new criminal convictions
- No current, pending criminal charges currently pending against them
- Complete payment of all fines, fees, court costs, restitution orders and expungement filing fees
Requests to expunge certain offenses that are Level 5 felonies or above, otherwise known as major felonies, are completely up to the courts. This means that, even if the petitioner is eligible for expungement, the court still may choose to not grant the expungement request. In order to be eligible to request a major felony expungement eight years must have passed since the petitioner’s conviction OR 3+ years have passed since they completed their sentence, which is later. The petitioner must also be eight years free from any other convictions and not have any current pending criminal charges. Finally, the petitioner must have made complete payment of all fines, fees, court costs, restitution orders and the expungement filing fee.
Serious felony convictions, which include offenses that resulted in serious bodily injury or were committed by a person servicing in public office or as a candidate for public office, may be eligible for expungement if the petitioner meets the stringent requirements set forth by Indiana’s expungement law. These requirements include:
- 10+ years have passed since the most recent conviction OR 5+ years have passed since the petitioner completed their sentence, whichever is later
- The petitioner has no new convictions in the 10 years prior to requesting expungement
- There are no current criminal charges pending against the petitioner
- All fines, fees, court costs, and restitution orders have been paid by the petitioner, as well as the expungement filing fee.
- The prosecutor consents to the petitioner’s expungement request
As is evident by the eligibility requirements described above, felony expungement in Indiana is no sure thing. Those seeking to expunge major felonies will need the Court’s approval to seal the records related to their criminal past, while anyone seeking to expunge a serious felony will need the prosecutor’s approval. Gaining these approvals is no easy task and often requires the help of a skilled attorney, who can advocate and negotiate on behalf of the petitioner.
To better understand what it will take to expunge your felony record in Indiana, contact Keffer Hirschauer LLP today. Our expungement lawyers in Indianapolis have successfully helped expunge major and serious felony records in the past and are available to provide you with a free expungement consultation.
What Convictions Cannot be Expunged in Indiana?
Indiana law does not allow for the expungement of a handful of specific convictions. This includes convictions for homicide, voluntary manslaughter, involuntary manslaughter, or official misconduct. In addition, expungement is not available for anyone who has been convicted of two or more offenses involving the use of a deadly weapon (not committed as part of the same episode of criminal conduct) or anyone who is deemed a sex or violent offender as a result of a criminal conviction.
The Importance of Hiring Expungement Lawyers in Indianapolis
Those with less extensive criminal records may be tempted to file a DIY expungement petition, and while that’s completely their right to do so, it’s not always the best decision. The expungement process in Indiana can prove to be rather complex, especially for those without a legal background. Given this, choosing to hire a team of experienced expungement lawyers in Indianapolis is often the best route to take. Not only will it take a lot of paperwork, research, and general bureaucracy, off your plate; it will ensure that your petition(s) meets the requirements set forth in the Indiana Rules of Trial Procedure and is filed well-within the strict deadlines required by the law.
In addition, it’s quite common for courts to conduct a hearing over an expungement request in Indiana. Most often, this is simply a product of court culture. However, for more serious offenses, the Court may want to question the petitioner to truly evaluate whether or not they deserve to have their criminal record sealed. In situations like these, having an experienced Indiana expungement attorney by your side is crucial. They’ll be able to coach you a bit, prior to the hearing, so that you know what to expect and how to handle any questions directed your way. They’ll also be able to attend the hearing with you and handle the legal aspects of the proceedings on your behalf. This will better ensure that everything is being done to provide you with the strongest chance of having your request for expungement granted, no matter the severity of your past offense(s).
Keffer Hirschauer LLP: Leading Expungement Lawyers in Indianapolis
If you’re looking for “lawyers near me that do expungement,” look no further than the leading expungement law firm of Keffer Hirschauer LLP. Our Indianapolis expungement lawyers are vastly experienced when it comes to petitioning for expungement, and can assist you in confirming your eligibility, gathering case records and court documents, researching your criminal history, and preparing your petition. On top of that, our team is available to represent you in court, and if successful, distribute notice of your expungement to all relevant state agencies.
To determine your eligibility for Indiana expungement, simply call 317-751-7186 or schedule a free consultation using our online contact form. Our Indianapolis attorneys understand just how damaging the weight of a criminal record in Indiana can be and stand prepared to help you move forward with your life through expungement.