Expungement Eligibility Factors
Not all criminal convictions can be expunged. There are a number of mitigating factors that affect eligibility include the number of years that have passed since the conviction and the nature and severity of the conviction in question. Prior criminal convictions can also affect the expungement proceedings.
In Indiana, misdemeanor convictions must be three years old, and felony convictions must have a number of years before they can be expunged as well. Additionally, convictions for felonies, offenses that require registration as a sex offender, felony assault, and felony kidnapping can never be expunged.
Proceedings for Obtaining an Expungement
Under the Indiana Second Chance Law, to expunge an arrest or conviction in Indiana, you must complete a petition that lists all law enforcement agencies, courts, prosecutors, and state repositories that are likely to possess records of the crime. Then, you must file this petition with the court where you were charged or convicted. A petition for a criminal record expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (Pro Se) or by private legal counsel.
Time Period for Expungement in Indiana
As of fall of 2020, in Indiana, once an individual files for a petition for a criminal expungement, the process generally takes anywhere from 30-180 days until the court approves the expungement petition. Currently, expungements are being approved between 30-60 days after the petition is filed.
How Much Does an Expungement Cost with an Attorney
As of 2020, the filing fee for a petition for expungement in Indiana is equal to the court’s civil filing fee, which is $156. The court may reduce or waive this fee if the person is declared indigent. There is no filing fee for a petition for expungement of an arrest record that did not lead to a conviction. Generally, an expungement attorney will cost an additional $1,000 to $1,800.
Do You Need Your Criminal Record Expunged?
Do you need your criminal record expunged in Indiana, then you need to contact the Indiana expungement law firm of D Turner Legal, LLC at 317-721-4783 for assistance with a criminal record expungement today.