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What is an expungement?

Monday, September 30, 2019

What is an expungement?
An expungement is the process by which a record of criminal conviction is concealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a Defendant’s criminal record as well as the public record. Expungements are codified in Indiana Code Section 35-38-9.

What are the requirements?
The Indiana requirements insist you do not have any charges pending against you, you do not have a suspended driver’s license, and you have not been convicted of a crime between 5 to 10 years.

How long do I have to wait to get an expungement?
For Class A, B, or C misdemeanors, you must wait five years from the date of the last conviction.

Level 6 Felony and “less serious” Felony convictions you must wait at least eight years from the date you were convicted. You must also have a clean criminal history for the last eight years prior to the date you wish to file.

For more serious felonies you must wait ten years from the date of the conviction, and the consent of the Prosecuting Attorney is required.

Although the above timelines are required by statute, the law does allow the county Prosecutor to waive the five, eight or ten year requirements and allow individuals to petition earlier. This may require a detailed statement from the Petitioner stating what it is they have done differently from the last date of conviction.

If you have a conviction in your past that you would like to get expunged give us a call. Our firm is able to assist you through the process and tell you everything you need to know to get your record concealed. We have assisted several clients in Kosciusko, Wabash and several other counties. Give us a call or use our contact us form for a consultation today!