Misconceptions In The Expungement Process

Criminal Defense
Misconceptions In The Expungement Process

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Common Misconceptions Regarding The Indiana Expungement Process

One thing that people don’t realize is that the granting of an expungement has no effect on an existing or pending driver’s license suspension. For example, a person can have a habitual traffic violator conviction expunged, but if their driver’s license is suspended, the suspension will remain. Moreover, the expungement of a crime of domestic violence under Section 2 does not restore a person’s right to possess a firearm. Additionally, if a person who has had their records expunged is subsequently arrested or convicted for an unrelated offense, the expunged records may be considered by the sentencing court in determining the sentence for the new offense or for the purpose of a habitual offender enhancement.

Retaining An Attorney for the Process of Expungement is Advisable

Yes. There are many criminal defense attorneys that don’t handle expungement cases. Also, I strongly recommend that you hire an attorney experienced in this area. Simply put, if somebody tries to do this on their own and they don’t do it correctly, then they’re out of luck. They can’t file an amended expungement petition.

Common Cases that People Get Expunged in the State of Indiana

The most common are the Section 1 and 2 offenses. I believe they are the most common because the waiting period is short (one and five years, respectively), and I have not had a prosecutor object to any offenses in these categories.

The Benefits Of Retaining An Attorney For the Process of Expungement

Without question, it would be beneficial to hire an attorney who has the experience required to follow the statutory scheme. As I’ve previously stated, you only get one opportunity at this, there are no do-overs. Also, if you have a hearing, you don’t want to try to do the hearing without an attorney because the Court is going to expect you to know the Indiana Criminal Code and the rules of trial procedure.

A Competent Attorney Can Advise Potential Clients if Their Offense is Eligible for Expungement or Not

Yes. I like to meet with them and go through all of the elements of the statutory scheme with them to make sure they qualify.

Even if you’ve already been convicted of Indiana criminal act, it may be possible to help clean up your record, whether your conviction is for a misdemeanor or a felony. Most criminal convictions can be expunged, and he has helped many with the post-conviction relief available for Indiana criminal cases. Contact us for more information about clearing your Fort Wayne IN criminal conviction from your record.

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