Expungement Lawyer Near Me
If you have been acquitted, had the case against you dismissed, had the charges adjudicated, or simply been arrested, there is still a paper trail that could potentially cause problems with future employers or create other issues for you. While some records can be expunged in Indiana, others can be sealed or simply prevented from becoming a part of the public record. The process can be aggravating, to say the least. Robert Bellinger Law Office provides clients with the ability to seal their records and protect their reputations.
Why Expungement Exists
Prior to 2013, there was no expungement or sealing of records. Those with petty convictions for misdemeanors had trouble securing employment after those convictions appeared on background checks. In other words, they were suffering long after their debt to society had been paid. In 2013, the economy of Indiana was struggling, and job seekers were having difficulty finding jobs. The State of Indiana passed the legislation that opened up the door to records expungement.
Even if you have been convicted of a crime in Indiana, it is possible to have your record sealed or otherwise prevent the information contained in your record from being used against you.
Who Can Get Their Record Expunged?
Certain offenses are harder or impossible to get expunged. These include violent crimes, sex crimes, or any type of official misconduct. Note that expungement only applies to state crimes, not federal crimes.
Types of Expungement
There are five categories of expungement. Those include:
- Section 1 – Juvenile offenses or arrests without conviction.
- Section 2 – Misdemeanor offenses and Class-D / Level-6 felonies that were converted to misdemeanors after felony punishment.
- Section 3 – Class-D / Level-6 felonies that were not converted to misdemeanors.
- Section 4 – Felonies that did not result in serious bodily injury.
- Section 5 – Any eligible remaining felony.
Sections 4 and 5 have a special caveat attached to them. First, the felonies remain a matter of public record, but there are limitations on how the information may be used by an employer, landlord, or other interested parties. Felonies covered in Section 5 require the written consent of the prosecutor in order to be classified in this way.
Each section listed above has its own waiting period before expungement can take place. These are listed below:
- Section 1 – One year
- Section 2 – Five years
- Section 3 & 4 – Eight years
- Section 5 – 10 years
Talk to an Indiana Expungement Attorney Today
If you want to seal your records to avoid problems related to your employment or housing, the attorneys at the Bellinger Law Firm can help. Talk to us today, and we will get the process moving.