What is the difference between expungement and record sealing in Indiana?

Expungement is often described as the erasure or destruction of a criminal record so it no longer exists, while record sealing limits who can see your record. When a record is sealed, it is generally hidden from public view, but some parties may still access it and you may still have to disclose it in certain situations. In Indiana, when you file a petition for expungement and it is granted, your record is actually sealed rather than completely destroyed, so it is important to understand this distinction.

Which criminal offenses are not eligible for expungement in Indiana?

Not all criminal offenses can be expunged under Indiana law. Certain offenses are never eligible for expungement, including sex offenses, violent offender status crimes, homicide, manslaughter, and certain offenses involving the use of a deadly weapon. A criminal defense and expungement attorney can review your history and help determine whether your specific offense qualifies.

How long do I have to wait to seek expungement of an arrest or conviction in Indiana?

In Indiana, the waiting period depends on whether you are seeking to expunge an arrest or a conviction. You can typically petition to expunge an arrest, criminal charge, or juvenile delinquency adjudication one year after the date of the arrest, charge, or adjudication. For criminal convictions, the wait time is longer and depends on the level of the offense. For many misdemeanors and certain low-level felonies, you generally must wait at least five years from the date of conviction, have no new criminal convictions in that period, have no pending charges, and must have paid all fines and fees related to the case.

Why should I talk to an expungement lawyer before filing a petition in Indiana?

Indiana’s expungement and record-sealing laws are complex, and eligibility depends on factors such as the type of offense, how much time has passed, your criminal history, and whether all fines and fees have been paid. An experienced criminal defense and expungement lawyer can explain how the law applies to your situation, confirm whether your offenses are eligible, calculate the correct waiting periods, and prepare a properly drafted petition to improve your chances of a successful outcome.

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DUI Consequences in Indiana

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DUI/OWI

February 09, 2016

Written by The Bellinger Law Office

Driving under the influence of alcohol is a very serious offense in Indiana and the rest of the United States that brings with it very serious consequences.

There are two terms often used to indicate motorists who drive under the influence of either alcohol, drugs or both and have been arrested:

DUI: Driving under the influence
OWI: Operating while intoxicated

Alcohol and its effects varies from person to person and it is often times difficult to put a number on how many drinks one is allowed to have before being over the legal limit. Many people don’t realize that even if a person even feels slightly intoxicated, there is a good chance that they are already past that legal limit to be able to drive a vehicle.

In Indiana, if a person has a blood alcohol content (BAC) of .08% or more, that person is considered to be legally drunk. For commercial drivers the legal limit decreases to .04%. For people under the age of 21, the legal limit drops down to .02%.

If a person is driving and their actions lead to suspicion of possible drunk driving, a police officer can pull them over and run a test in order to determine what their BAC currently is. Many people wonder whether or not they are simply allowed to refuse to take the test. The answer to this question is yes, however their license will be taken away on the spot and there is a likely chance their license could be suspended for a full year.

If the person does take the test and are over the legal limit, their license will be lost for 180 days even before they end up in court. If they end up actually being convicted of a DUI or OWI, their license can be revoked for an additional 90 days and up to two full years, in addition to potentially having to pay fines and even go to jail.

It is important to take note that if a person has multiple previous DUI convictions, there are much harsher consequences. If a person has been charged with two DUI’s within ten years that resulted in either injury or death, a revoked license of up to ten years is a likely penalty. If a person has caused been involved in two DUI’s that caused death, that person will lose their license indefinitely.

Contact a Skilled Fort Wayne DUI Lawyer

As you can see, a DUI or OWI conviction can lead to very serious and life-altering consequences including license suspension, fines and even jail time. Learn how you can protect yourself by fighting for your rights with the help of an attorney by calling The Bellinger Law Office at 260-428-2214.

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