If you have a criminal record, it is likely to keep holding you back when you are trying to move forward. But you probably know this. A criminal record often means fewer employment opportunities, inability to pursue an education, and may even mean a loss of voting rights.
You may also have difficulty securing housing or obtaining a loan. You are prohibited from carrying or possessing a firearm. Clearly, the weight of your criminal past affects many areas of your life.
This problem affects many Indiana residents who would love to put their pasts behind them and get on with their lives. Statistically speaking, it’s particularly a problem for African Americans in Indiana.
Fortunately, Indiana’s expungement law allows you to potentially seal records of prior arrests, charges or convictions.
Indiana law allows the sealing of arrests that did not result in a conviction, misdemeanor convictions that are at least five years old and felony convictions that are at least eight years old. Records from trial and appellate courts are eligible for expungement, as are police reports associated with a conviction.
Expungement factors
There are several factors Indiana courts consider when deciding whether to expunge a record. These include the level and nature of the offense, the nature of the criminal record and the amount of time that has passed since the arrest, charge or conviction. A court may also consider any other relevant factors unique to your situation.
Additionally, to be eligible for expungement, you must generally have no current criminal charges pending and must have successfully completed any probation or pre-trial diversion programs. You must have paid all fines, fees, court costs and restitution related to your crime and pay the expungement petition filing fee.
For serious felonies, which are felonies that resulted in serious bodily injury to another person, the prosecutor must agree to the expungement.
Helping you through the expungement process
A criminal record, especially a felony record, can haunt you for the rest of your life, depriving you of personal and professional opportunities. Your reputation among family and friends can suffer and you may have trouble developing new relationships if someone discovers you have a criminal record.
Indianapolis residents with a criminal record who want to make a fresh start can turn to Black attorney Denise Laren Turner. Having professional guidance and representation through the expungement process will assure you that everything is done correctly, allowing you to clear your record and move on with your life.
Indiana’s expungement process is complex. Working with an experienced African American attorney can help you meet the expungement law requirements and deadlines and increase your chance of a successful expungement.
When your record is expunged, it will no longer appear in public records or databases. Potential employers cannot ask you about an expunged criminal record and you can honestly answer “no” when you are asked if you have a criminal record.
Rights that were taken away due to your criminal record will be restored when your record is expunged. Provided there are no other restrictions that prevent you from doing so, an expungement means you will be able to vote and carry a firearm.