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It is not exactly fair, but even an arrest can appear on your criminal record. Convictions will, too. In each state, there are guidelines determining how a prospective employer can use this information when screening you for a job. In Indiana, those protections are few. You must first petition the court to have your records sealed. Your employer is not, by law, allowed to ask you about sealed criminal records.
Regardless of why there is an arrest or conviction on your record, you can, in most situations, protect that information from the public. The Bellinger Law Office can help you do just that. Give us a call or talk to us online and we can sit down and chat about your options.
The internet is now full of companies that access public databases for a fee to provide basic background searches. While anyone who pays the fee can access these records, employers are the most frequent purchasers of this information. These sites provide information on the date of the arrest and the charges you faced. The record is not expunged even if the charges are dropped or you are found not guilty. The State of Indiana places no restriction on how an employer uses this information.
Indiana Law does, however, provide residents with a way to seal that information (IC 35-38-9). To do so, you must petition the court to seal your criminal record. The Bellinger Law Office can help you file your petition.
The court may deny a petition to seal your records if the charges resulted in a conviction. If the charges were dropped, you won at trial, or the charges were dismissed in an appeal, the court will generally grant your request to seal that information provided that one year has passed since the date of the arrest. This includes cases in which the charges were dismissed after participation in a diversion agreement.
You may also petition the court to a expunge criminal convictions of certain types. Typically, the waiting period of filing for expungement is longer than sealing your arrest records. Depending on the severity of your crime, the waiting period can range anywhere from five to 10 years. In the case of a major felony, a hearing will have to be held to determine your eligibility. If the felony involved serious bodily injury, you will require the consent of the prosecuting attorney. Sex offenders are not eligible for expungement. Other than the charges you are trying to expunge, you must have a clean criminal record.
The Bellinger Law Office can help you seal your criminal record. Give us a call or talk to us online to set up an appointment and we can discuss your options today.
- on September 01, 2020
- on August 11, 2020
- on July 28, 2020
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