Are You Eligible For Expungement Or A Sentence Modification?
Whether your case ends in a plea bargain, an acquittal or a guilty verdict, you need to consider what comes next. You may have fines to pay, probation or a jail sentence ahead of you. You also have a criminal record. Even if the court dismissed your charges or the jury acquitted you, your arrest is a matter of public record. You may want to consider whether you should ask for a sentence modification or a record expungement.
The attorneys at DTurner Legal, LLC, can help you with this process. We understand Indiana’s law in this area, and we have helped many clients get a fresh start or shorten their sentences. We are happy to discuss your options with you to determine if you meet the eligibility requirements for either of these actions.
A Fresh Start Through Expungement Of Your Record
Indiana’s Second Chance Law allows certain people to clear an arrest or conviction from their record through the expungement process. Only certain charges are eligible for expungement, including most misdemeanors. Charges that you cannot expunge include convictions of:
- Violent crimes that harm another person, such as assault or manslaughter
- Crimes involving official misconduct
- Sex crimes, including offenses that require placement on the state sex offender registry
Expungement only applies to criminal charges and does not apply to civil matters such as traffic tickets, divorce orders or orders of protection.
Arrests stay on your record even if you were acquitted of the crime. In addition, if you went through a pretrial diversion program such as drug court, you may want to expunge the arrest from your record. Juvenile records have a separate process for sealing and expungement.
When Is Sentence Modification The Right Answer?
Like expungement, only certain people can request a modification to their sentence. Those with a major felony or violent crime conviction such as child molestation or murder cannot petition for modification. As long as you do not fall into that category, you can request a sentence modification at any time during your sentence.
The court may grant the modification on the following grounds:
- New information relevant to your case
- You have completed a self-improvement or rehabilitation program
- Your sentence has resulted in a significant hardship on your family
- Your sentence was imposed in an erroneous or illegal manner
The court will consider your request in light of many factors and the relevant circumstances in your case. We will work with you to present the most favorable case possible and increase your chances of obtaining your modification.