As one of the top expungement attorneys Indianapolis, Indiana has available, we work hard to help our clients to clear their criminal backgrounds through Indiana’s Second Chance Law which is also known as a criminal expungement. In short, the word “expunge” means “to erase or remove completely.”

Expungements

Criminal record expungement is the process by which any publicly accessible record of criminal conviction is destroyed or sealed from state or federal record. A criminal record expungement order issued by the court directs that the criminal conviction is treated as if it has never occurred. Under the Indiana Second Chance Law, a criminal record is essentially removed from a defendant’s criminal record public record. If you are looking for one of the best expungement attorneys Indianapolis has available, then call us at 317-500-4857 today!

IC 35-38-9

Indiana Expungement Statute

The Indiana Expungement Statute states the following:

A person can file for a criminal record expungement if:

  • The arrest did not result in a conviction or juvenile adjudication; or
  • Resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal; and
  • The person is not currently participating in a pretrial diversion program
  • Not earlier than one (1) year after the date of arrest, if the person was not convicted or adjudicated a delinquent child, or the date of the opinion vacating the conviction or adjudication becomes final (unless the prosecuting attorney agrees in writing to an earlier time)

According to IC 35-38-9-2, a person can file for a criminal record expungement if:

  • A person was convicted of a misdemeanor, including a Class D felony(for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a misdemeanor.
  • Not earlier than five (5) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous five (5) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-3, a person can file for a criminal record expungement if:

  • A person was convicted of a Class D felony or a Level 6 felony, not batter. This section does not apply to a person if the person’s Class D felony or Level 6 felony was reduced to a Class A misdemeanor.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period),
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-4, a person can file if:

  • A person was convicted of a Class A, B, C, or D felony not included in Section 3 or for a Felony Battery without serious bodily injury.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), 3 years from completion of sentence (including probation)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

According to IC 35-38-9-5, a person can file for a criminal record expungement file if:

  • A person was convicted of a Class A, B, C, or D felony with serious bodily injury.
  • Not earlier than eight (8) years after the date of conviction (unless the prosecuting attorney consents in writing to an earlier period), 5 years from completion of sentence (including probation)
  • The period required by this section has elapsed
  • No charges are pending against the person;
  • The person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
  • The person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection

Indiana Expungement Cost

If you wonder about the Indiana expungement cost, the answer varies. At the Law Office of B.D. Williams, Esq. an Indiana expungement cost can fall anywhere between $750 to $1500 based on the level of difficulty of the expungement. Under Indiana expungement law, you are only eligible for an Indiana expungement once, so it’s important that we take the appropriate time and use all of the appropriate tools available to make sure that we get your expungement done right the first time.

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Indiana Expungement Form

While we suggest that you use the services of an Indiana expungement attorney, it is possible for you to file for yourself. Here is a sample copy of an Indiana expungement form. Again, we suggest that you utilize a criminal defense attorney to help with your filing. We are experts in the Indiana Second Chance Law, and we are confident that we can handle your expungement with the necessary skill and expertise to get your expungement in Marion county done right.

One of the Top Expungement Attorneys Indianapolis, Indiana Has Available

We are one of the best expungement law firms Indianapolis has available, and without a doubt, we are confident that when you decide to retain us, you will be more than satisfied with the level of service, our expertise, and the focus you receive as a client. When you are ready to speak with one of the best, call us at 317-500-4857 or fill out the contact form below.

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