Expungement Attorneys Fort Wayne

Many people wonder whether they can have their criminal records expunged to stop the many consequences that can come with a criminal conviction. In Indiana, expungement is not the same as in many other states, as your record is not completely destroyed. Instead, lawmakers in our state allow you to have certain records sealed from certain parties. While your record won’t be completely wiped clean, it can restrict access to your record by certain parties, which can help many aspects of your life. 

If you would like to know whether you might be eligible for an “expungement” in Indiana, contact an expungement attorney in Fort Wayne for a consultation. 

Expungement Developments in Indiana

Many states have had expungement laws on the books for decades, but Indiana did not have one prior to 2013. Even a misdemeanor conviction would remain on your record – potentially forever – and cause issues with getting jobs, rental housing, federal benefits, and more. Too many people suffered the consequences of an offense long after they finished all court-ordered penalties and sentences. 

As of 2013, people with certain types of arrests or convictions can have their records sealed, which can improve their chances of finding employment and succeeding in other aspects of their lives. However, there are some convictions that are ineligible for any type of expungement and sealing, including:

• Homicide offenses
• Sex crime offenses
• Sexual or human trafficking
• Official misconduct

We can review your record and advise whether or not you might be eligible.

How Long Do You Have to Wait for an Expungement?

The waiting period for an expungement depends on how your conviction is classified. Indiana’s expungement law has five different sections: 

• Section 1 refers to arrests where there was no conviction or juvenile adjudication
• Section 2 addresses misdemeanor offenses and Level 6/Class D felonies that converted to misdemeanors after sentence completion
• Section 3 refers to Level 6/Class D felonies that did not convert to misdemeanors and did not involve bodily injury to someone else
• Section 4 involves other eligible felonies that did not involve serious bodily injury to someone else or Class D/Level 6 felonies that are ineligible for Section 3 due to bodily injury
• Section 5 covers remaining eligible felonies that can be expunged only if the prosecutor gives written consent for the expungement petition to be filed

The waiting periods before you can seek an expungement depends on the “Section,” as follows:

• Section 1 = One year
• Section 2 = Five years
• Section 3 = Eight years
• Section 4 = Eight years
• Section 5 = Ten years

In some cases, a prosecutor might agree to shorten the waiting period, and your attorney can determine if this is the case in your situation. 

Contact Expungement Attorneys in Fort Wayne for More Information

Even Indiana’s version of expungement can benefit you in many ways, so it is worth looking into the possibility if you are feeling the long-term effects of a criminal conviction. The Bellinger Law Office is ready to help, so please contact us to speak with expungement attorneys in Fort Wayne today.