×
Menu
Search

Expungement is a Once in a Lifetime Opportunity in the State of Indiana

Home
Blog
Expungement
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.

 

Compassionate
Guidance for Families

profile

Meet Attorney

Robert H. Bellinger

Categories

Archives

Posts You May also Like

June 29, 2025

Parental Rights Terminations: Legal Grounds and Procedures

Termination of parental rights is a serious and complex legal process. Proper comprehension of the grounds and procedures for termination in Indiana is crucial, whether you're facing a voluntary or…

Continue Reading
May 21, 2025

Why Is Legal Representation Important in License Restoration Cases?

Losing your driver's license can be a devastating setback. Whether it results from unpaid tickets, a DUI, or administrative issues, it creates challenges in nearly every aspect of life, from…

Continue Reading
May 07, 2025

Concealed Carry Laws in Indiana: What You Need to Know to Avoid Weapons Charges

Carrying a concealed handgun in Indiana might be easier than in many states, thanks to its permitless carry law. However, despite the state's relaxed approach to permits, gun owners must…

Continue Reading