Attorney fees are dependent on which offense sections the person is seeking to expunge, the complexity of the issues and the time required to represent the client. It is important to note that there are no filing fees associated with the filing of an expungement petition.
If I have several charges can I expunge only one and if so can an attorney help me make the choice of which one would be better to expunge?
Since a person has only one opportunity to expunge their criminal records I recommend that they wait the longest required waiting period and expunge all of them. For example if someone had 5 convictions, 2 of them are 10 years old, 2 of them are 8 years old, but 1 of them is only a year old, I would tell that person to wait until they’re outside the waiting period of that last conviction so we can get wipe the slate clean. Otherwise you would be able to expunge 4 out of the 5 convictions and still be left with one on your record for a lifetime; and that could spoil your future employment prospects.
Would it help if I had some letters or witnesses to help validate my character if the prosecutor objected to my expungement?
It would help the validation of your character. For example, let’s say that somebody wants to expunge a Section 2 offense but doesn’t want to wait the 5 years to file the petition. Presenting good character evidence to the prosecutor could show that you have bettered yourself, you’ve redeemed yourself, and you no longer pose a threat to any person in society. This information may convince the prosecutor to agree to shorten the waiting period so that you can get that awesome job.
What about stuff like speeding or traffic infractions? Can they be expunged?
This expungement law doesn’t address traffic infractions, but there are other programs available. Depending on the infraction and the person’s criminal history, it may be possible to have the infraction expunged provided they pay to required fine and do not get any traffic tickets for a period of six or twelve months.
Can OWIs be expunged?
Yes, you can have OWI’s expunged provided you meet the appropriate criteria.
What about the case where someone has a charge from another state? Would that person have to go and get that expunged at that particular state.
This only works for convictions in Indiana, so if it’s a conviction outside of Indiana, that person will have to find an attorney in that jurisdiction.
If I have had prior expungement from another state, does that still count in Indiana?
I have yet to see this issue come up. The Indiana expungement statutes do not address the issue of previous out-of-state expungements, therefore I would say that an out-of-state expungement would not count in Indiana.
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