Whether it was a mistake or poor judgment that led to your arrest on criminal charges, you expect fines and jail time to be part of your sentence for a conviction. What you may not realize is that there are collateral consequences of having a criminal record. These are the legal implications that follow you even after serving your debt to society, since your history will show up on a background check. Fortunately, under Indiana’s Second Chance Law, you may qualify for expungement of your criminal past. There are also options for sealing your record and other post-conviction relief.
Because the eligibility criteria are complicated and the process for expungement is complicated, legal representation is critical. Bellinger Law Office is dedicated to advising you on your options, and our founder has extensive experience handling these cases. Please contact our firm today to set up a consultation with an Angola expungement attorney who can explain how the laws work. A summary of the important concepts is also useful.
Expungement is a relatively new concept in Indiana, having been implemented in 2013 to address what was becoming a serious problem with employment. Individuals were unable to earn a living when prior criminal activity would show up in a background check. Other collateral consequences that affect employment include loss of business or professional license.
What expungement does is seal the records regarding your criminal history and restrict the use of certain documents. Different sections of the statute apply to criminal cases, including:
Depending on which of these factors describes your situation, you will have to wait at least one to two years to request expungement. For #3 and #4, the waiting period is eight years, and it is 15 years for crimes falling under #5.
The process starts with filing a petition for expunction, which must include all relevant details about the case you are working to seal. The government is allowed the opportunity to respond, and the judge will decide after weighing the position of both sides. Our Indiana expungement lawyers at Bellinger Law Office will tackle all requirements and appear in court to advocate on your behalf. We will also assist with the follow-up paperwork to ensure all relevant agencies seal or handle your records properly.
As you can see, it is crucial to retain skilled legal counsel for assistance with expunging your record and other post-conviction relief. To learn how Bellinger Law Office supports your needs with the legal process, please contact us to set up a consultation. After reviewing your case, an Indiana expungement lawyer can provide additional details.