A Muncie Expungement Lawyer Explains Indiana’s Second Chance Law

How a Muncie Expungement Lawyer Can Help

Expungement is the legal process for sealing criminal records in Indiana. The expungement statute, Indiana Code chapter 35-38-9, does not completely erase or eradicate a criminal history, but it makes access to the associated records impossible or difficult for most people and entities to view. For example, in applications for employment, professional licensure, and other rights or privileges, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests. Refusal to hire or house an individual on the basis of criminal records that have been expunged may be considered unlawful discrimination in some cases.

Unless properly managed through an effective expungement, your criminal history can hinder your future. Background checks are a common part of applications for housing, financing, employment, and professional licenses. Having your criminal history appear in those checks can prevent you from getting that apartment, loan, job, or license you’re otherwise qualified for. To prevent that from happening, call a Muncie expungement lawyer at Keffer Hirschauer LLP to help seal your records.

What Records Can Be Expunged in the Muncie Expungement Process?

Records containing negative information about your past that could be damaging to your future might be located in several different places:

• The court of jurisdiction
• The Indiana Department of Correction
• Files of the Indiana Bureau of Motor Vehicles
• Files of any service or treatment provider who provided service or treatment by court order

Your Muncie expungement lawyer can help you make sure you have identified all of the sources that could have records of any previous arrests, charges, or convictions. Your attorney can also ensure that you have covered all of the potential types of records as well:

• Arrest records
• Charges filed
• Pre-trial diversion records
• Juvenile allegations or adjudications
• Vacated convictions
• Vacated delinquency adjudications
• Miscellaneous police or court records

A Muncie Expungement Lawyer Explains What Indiana Expungement Provisions Apply to You

Knowing which provisions of the law apply to your situation is key to knowing what forms to file and when. Indiana’s expungement statute has several provisions that apply to various offenses and types of records:

• Sealing of arrest records under Indiana Code § 35-38-9-1
• Sealing of misdemeanor convictions/D Felony reduced to Class A Misdemeanor under Indiana Code § 35-38-9-2
• Expungement of Minor Class D and Level 6 felony convictions under Indiana Code § 35-38-9-3
• Expungement of less serious Class C Felony or other major felony convictions under Indiana Code § 35-38-9-4
• Certain serious felony convictions under Indiana Code § 35-38-9-5 with prosecutor consent
• Misdemeanor and minor Class D and Level 6 felony convictions Indiana Code § 35-38-9-6
• Offenses punishable by an indeterminate sentence under Indiana Code § 35-38-9-8.5

The specific circumstances of your situation and criminal history will determine the course your expungement petition needs to take. For instance, if your arrest led to a finding of “not guilty” or if your case was vacated on appeal, you need to know which provision or provisions apply to you so you can pursue expungement according to the correlating statute and procedures.

What about Delaware County Pre-Trial Diversion Records?

Expungement is also possible if charges against you were dismissed through the Delaware County pre-trial diversion program. Diversion programs allow for the dismissal of some first-time misdemeanor offenses when the accused agrees, by contract, to meet certain program requirements. It is important to identify records from a diversion case that should be included in your expungement petition because, even though a diversion might mean no conviction, records of an admission of the offense and the arrest itself are still available. That is where expungement helps.

Are There Waiting Periods in the Muncie Expungement Process?

The period of time that must pass between an arrest, charge, conviction, or prison term and the filing of a petition for expungement varies depending on the level of the offense involved. The timeframes for each type of record are set forth in Indiana Code chapter 35-38-9. The general rule is that, the more serious the offense, the longer the waiting period is to seek an expungement.

Diversion expungements can be sought after one year from the date charges were filed. Misdemeanor convictions and felony convictions have waiting periods from five years after conviction to beyond eight years. Recently, Governor Eric Holcomb clarified that the measuring period for those felony convictions that are later reduced to misdemeanors begins on the date of the felony conviction, not the date the conviction is reduced to a misdemeanor. Because these timeframes can be confusing, it is best to have a Muncie expungement lawyer with knowledge of the law and any related updates or amendments on your side to evaluate and file your expungement petition.