Expungement is a Once in a Lifetime Opportunity in the State of Indiana
January 20, 2015
How many times can somebody get something expunged?
It’s a once in a lifetime deal, so you’ve got to get it right the first time. If a person has arrests or convictions in different counties, they would have to file multiple petitions in each respective county in one 365 day period.
Typical Timeframe of Resolution for the Expungement Process in Indiana
How long does the process take? What is the process like?
The time the process takes depends on several variables. Once the prosecuting attorney is served with the expungement petition they have 30 days in which they must respond. Provided that the prosecutor does not object to the filing of the petition the court may grant the petition without a hearing. If the prosecutor does object, the court must set the matter for a hearing not sooner than 60 days from the date the prosecutor was served.
The Common Obstacles Faced During an Expungement in Indiana
What are some barriers that could get in the way during the expungement process?
The person filing the petition for expungement must show by a preponderance of the evidence that they have met the waiting period, there are no charges currently pending against them, they have paid all fines, court costs, any restitution owed and have not been convicted of a crime within the previous 5 years for a Section 2 offense; 8 years for Section 3 and 4 offenses; and 10 years for a Section 5 offense. There also exist specific provisions that must be included in an expungement petition that are dependent on the offense that a person is attempting to expunge. Due to the complexities involved in drafting the petition, the possibility of conducting a hearing on the petition, and the fact that you only get one shot at doing this, an attorney should be retained to overcome these barriers and accomplish the expungement.
The Judge Cannot Impose any Additional Judgment in an Expungement Hearing
Is there anything that a judge could possibly impose in addition to an expungement?
No, there’s nothing additional that can be imposed, the expungement petition will either be granted or denied. If the petition is denied it becomes an appealable final order.
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