Allen County Expungement Lawyer
Expungement is the process of getting your criminal records sealed. While some states allow criminal records to be tossed out, the State of Indiana only allows individuals to deny access to their criminal records. While expungement may be more thorough, sealing has the same effect. Potential employers, landlords, or others who are interested in performing background checks will not find these records under your name. The process of sealing your criminal records in Allen County can be overwhelming, but the experienced attorney at Bellinger Law Office can help you.
Indiana Does Not Like Sealing Records
Until 2013, the State of Indiana did not have an expungement statute. That means if you got caught with a bag of pot on your 18th birthday, that would be easily discoverable by a prospective employer.
In 2013, the state legislature passed a law allowing for record sealing in certain cases. This was largely due to the statewide economy and the difficulty that job seekers were having to find gainful employment. Those convicted of minor offenses were paying for indiscretions long after they had paid their debt to society.
Expungement in Indiana
Whether or not you qualify for expungement depends on the type of offense you were convicted of (or if you were convicted at all). Not all felony offenses can be expunged, particularly violent ones. For obvious reasons, you cannot expunge a homicide. Neither can you expunge a conviction for official misconduct, sex trafficking, or sex crimes.
Expungement Statutes are Divided into Five Sections
Expungement statutes are divided into five sections each of which handles different types of offenses.
- Section 1 – Section one deals with arrests for which there is no conviction or juvenile adjudication. The arrest remains on your record indefinitely until you apply for expungement. You are required to wait at least one year before your arrest can be expunged from the record.
- Section 2 – Section two deals with misdemeanor offenses and offenses that were charged as level-6 felonies, but later converted to misdemeanors after the defendant completed their court-imposed requirements. You must wait five years to have your record sealed.
- Section 3 – Section three deals with low-level felony convictions that did not result in bodily injury to another person. The waiting period for section 3 is eight years.
- Section 4 and 5 – Section four and five deal with moderate to severe felonies. However, complete expungement is not possible. Instead, you can get the records marked as expunged, but they would still be available in searches. Section four deals with any felony conviction that did not result in bodily injury. The expungement time frame is eight years. Section 5 requires a written recommendation from a prosecutor and the timeframe is ten years. It covers any eligible felony not covered in the previous sections.
Talk to an Allen County Expungement Lawyer Today
If you are looking to get your criminal record expunged or sealed, call the Allen County expungement attorneys at The Bellinger Law Office today to begin the process.