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In years past, Indiana had no process for expungement. However, when the job market got tighter and there were more people looking for work, Indiana thought it in their best interests to allow those with arrest and conviction records to seal their records so that employers and landlords could not use that information against them.
Today, some criminal convictions can be expunged from your record. A Fort Wayne expungement lawyer can help you seal your record. If you want to know if your criminal conviction qualifies for expungement in Indiana, keep reading.
Indiana does not have true expungement, per se, but it does allow individuals to seal their records. This can be useful for those who are looking for new employment opportunities. Both landlords and employers tend to conduct criminal background checks and preventing this information from being used against you can be the difference between being able to support yourself and your family, or not.
Official misconduct, violent crimes, and sex crimes can usually not be expunged. Additionally, expungement only applies to Indiana state crimes, not federal crimes.
There are five basic categories of expungement. Each of these has different wait periods. In other words, there is a statutory period during which the conviction will remain on your record. After this waiting period has elapsed, you can then apply to have your records sealed.
Those who are convicted of higher-level felonies will have those convictions remain on their record. But an attorney can help them prevent that information from being used against them by landlords or potential employers. Section 5 felonies can only be expunged if the prosecuting attorney signs a written consent or a recommendation lifting the penalty.
Each type of conviction (or non-conviction) has a waiting period. For crimes covered under Section-1, the waiting period is one year. For those covered under Section-2, the waiting period is five years. For those covered under Section-3, the waiting period is eight years. And those covered under Section-5 have a waiting period of 10 years.
If you are concerned that a criminal conviction is holding you back, talk to The Bellinger Law Firm today. We can go over your record and make the necessary arrangements to expunge convictions that qualify under the statute.
- on July 28, 2020
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