It is possible to expunge an arrest and/or conviction in many cases. Indiana’s current expungement law allows a person to seek expungement for qualifying offenses once in their lifetime. It also differentiates between misdemeanor and D felony/Level 6 felony convictions reduced to a misdemeanor, Class D/Level 6 felony convictions and more serious offenses.
In order to qualify for expungement of a misdemeanor and D felony/Level 6 felony reduced to a misdemeanor conviction at least five years must have passed since the date of the conviction, a petitioner cannot have any pending criminal charges, the petitioner must have paid all fines, fees, court costs and satisfied any restitution obligations. Expungement for a Class D Felony or Level 6 Felony is similar, but a person must wait eight years since the date of conviction to seek the expungement. If a person meets this criteria, the court shall grant the expungement.
Expungement for more serious felony convictions can be sought after ten years from the date of conviction or five years from the completion of the person’s sentence. However, the decision to grant the expungement is discretionary, i.e. even if a person meets the criteria for expungement the judge does not have to grant the petition.
Our attorneys at Garrison Law Firm will help you understand the criteria and procedures to determine whether you qualify for an expungement.
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