Skilled Criminal Defense
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Who is and who is not eligible for an expungement?

On Behalf of | Jun 21, 2023 | Criminal Defense, Expungement

Being arrested and charged with a crime in Indiana will cause a person to worry about what will happen to them and how it can damage their future. This is true whether it is a misdemeanor or a felony.

While it is imperative to cobble together an extensive defense and to try and secure an acquittal, there are cases where the person is convicted.

The penalties that accompany a criminal conviction can range from fines to extensive jail time. When the sentence has been served, the criminal record might still present a problem. In these situations, it is worthwhile to think about trying to have the criminal record expunged. Knowing how it can be done and the details as to which criminal convictions are eligible is a fundamental part.

Expungement categories and who is and is not eligible

When trying to get an expungement, the decision will be based on the person’s entire criminal record and not one specific crime. If the person has had a previous conviction expunged, the court considering the new expungement request cannot consider the prior expungement.

Just as it is important to know what convictions can be expunged, it is also important to know what cannot be expunged.

For misdemeanors or Class D felonies or Level 6 felonies that were converted to misdemeanors, those who were convicted of a sexual offense involving minors or violent offenses such as murder or voluntary manslaughter, their cases cannot get expunged. If they were convicted of at least two felony offenses for use of a deadly weapon and they happened in separate incidents, they cannot get an expungement.

Regarding felonies, sex or violent offenders as discussed above; people who committed felonies that led to another person’s death; and people convicted of official misconduct, homicide, human and sexual trafficking, and other sex crimes cannot get an expungement. In some instances, perjury can warrant an expungement.

In Indiana, expungement eligibility is broken into five categories. In Category 1, a person who was placed under arrest but not convicted can get an expungement. For some, they will not even need to worry about requesting an expungement as they will receive one automatically. Those who are acquitted with the charges vacated can get an expungement. A year passing after a person was charged with juvenile delinquency and there was no disposition with the state not prosecuting can also result in automatic expungement.

Those in Category 2 and 3 can get expunged for misdemeanors, Class D felonies and Level 6 felonies. Category 4 applies to those charged with felonies without serious bodily injury or death. Category 5 is for other felonies in which no one was killed.

Expungements can be valuable and having experienced help can achieve it

Given the long-term ramifications of a conviction on a person’s record, it is wise to understand the benefits of getting a record expunged. To get an expungement, it is important to have experienced assistance. This is crucial throughout a criminal case.