A past mistake shouldn’t define your future. Unfortunately, a criminal record can have long-lasting consequences, creating barriers to employment, housing, and educational opportunities. The good news is that for many individuals, Indiana law provides a pathway to a fresh start through a legal process known as expungement.
At Ziemer Law, we believe in second chances. Our experienced team, led by a dedicated criminal defense attorney, helps clients navigate the complex legal requirements to clear their records and move forward with their lives.
What is an Expungement in Indiana?
An expungement in Indiana is a legal procedure that allows certain criminal records to be sealed from public view. When a record is expunged, it’s as if the crime never occurred in the eyes of the law. For all intents and purposes, you can legally state on a job or housing application that you have no criminal history regarding the expunged offense.
This process is a lifeline for individuals who have paid their debt to society and are ready to leave their past behind.
Who is Eligible for Expungement?
Indiana has specific eligibility requirements based on the type and severity of the crime, as well as the amount of time that has passed since the conviction. There are different legal sections for expunging different types of offenses, including:
- Misdemeanors: After a waiting period of five years, most misdemeanors are eligible for expungement, provided there are no other new convictions.
- Low-level Felonies: Certain Level 6 felonies are eligible for expungement after a waiting period of eight years.
- Major Felonies: The waiting period for more serious felony convictions is even longer, and eligibility can depend on the nature of the crime.
It’s important to note that you must meet all the legal requirements, including having no new arrests or convictions during the waiting period and paying all fines, fees, and restitution. The process is not automatic, and a judge has the final say.
The Benefits of Expunging Your Record
Clearing your record through expungement can unlock a world of new opportunities:
- Improved Job Prospects: Many employers conduct background checks. An expunged record can prevent a past mistake from costing you a job.
- Access to Housing: Landlords often run background checks as part of their screening process. Expungement can broaden your housing options.
- Restored Rights: In some cases, expungement can restore certain rights, such as the right to own a firearm.
- Peace of Mind: Perhaps most importantly, expungement offers a sense of closure and the ability to move forward without the stigma of a past conviction.
How a Criminal Defense Attorney Can Help
The legal process for expungement is intricate and requires meticulous attention to detail. An error in your petition could lead to a denial, forcing you to wait a full year before you can re-file.
As your trusted criminal lawyer near me, Ziemer Law will:
- Determine Your Eligibility: We will carefully review your criminal history to determine which, if any, of your offenses are eligible for expungement under Indiana law.
- Prepare and File the Petition: We will handle all the necessary paperwork, ensuring that your petition is filed correctly and includes all the required documentation.
- Represent You in Court: If necessary, we will represent you at your expungement hearing, advocating on your behalf to the judge.
Don’t let a past mistake hold you back from a brighter future. If you are a resident of Indiana and are ready for a clean slate, contact Ziemer Law today. Our experienced defense attorney team is ready to provide the legal guidance and support you need to navigate the expungement process successfully.
