Cleaning Up a Criminal Record in Indiana: What Are My Options?
October 27, 2015
There are two different sets of laws in Indiana that can potentially assist you in wiping away your criminal record. The first, expungement, is completely erasing a criminal record like it never happened. Restricted access in Indiana means that only under certain circumstances can your record be seen. These circumstances include both criminal justice agencies and child services that are both allowed to look at your criminal record. If you get your record either expunged or restricted, you are not required by law to put on a job application that you have ever been convicted of a crime.
Do you have a conviction on your record?
You can petition for restricted access of your criminal record under certain circumstances.
If you were convicted of either a Class D felony or a misdemeanor, you can petition for restricted access as long as:
- you did not cause physical injury to a person
- you did not commit a sex crime
- you don’t have any new convictions on your record
- 8 years at least have passed since your sentence
If you were convicted of other offenses and have been off parole or out of prison for at least 15 years, you can file for a petition for restricted access.
Is there no conviction on your record?
You are allowed to file a petition for expungement if the charges against you were dropped for the following reasons:
- there was a situation of mistaken identity
- you didn’t actually commit the crime
- there was a lack of probable cause
Most of the time, these petitions are granted if there aren’t any other criminal offenses either on your record or pending.
You are also allowed in this instance to petition for restricted access under the following circumstances:
- you were arrested but not actually charged with anything
- you were found innocent
- you were convicted of a crime, but it ended up being thrown out
Filing for expungement: Do I need a Fort Wayne expungement attorney?
The answer to this is yes. In Indiana, you are only allowed to file a petition to expunge your record only once in a lifetime. It is very important to get the help of an experienced expungement attorney to increase your chances of having the petition be granted. Filing for expungement and restricted access in Indiana is a very complicated process, and talking to an experienced expungement lawyer is highly recommended for the success of your filing. Contact The Bellinger Law Office expungement lawyers to help you with this process today.
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