Expungements
Expungement is the legal sealing of your criminal record, including arrest record, which prevents employers from finding out about your criminal record when they run a background check as part of the job application process.
Expungements: Misdemeanors And Level Six Felonies
For most misdemeanors and Level six (6) felony convictions, the judge does not have discretion to deny a petition for expungement if the defendant otherwise qualifies. Once a petition is filed, the prosecutor’s office generally has thirty (30) days to respond. Many prosecutors will respond sooner since they have no legal basis to object to the expungement. Some will request more time if a significant number of expungements have been filed in their county. Once the prosecutor responds, many judges will grant the expungement without even requiring the defendant to appear in court.
Expungements: All Charges Dismissed
If you were not convicted of any charges, you qualify to file for expungement without needing to pay a filing fee, and you are eligible much sooner than if you were convicted. In some situations, depending on when you were charged, you may qualify to have your arrest record expunged automatically.
Expungements: Level Five (5) Felonies And Higher
If you were convicted of a Level five (5) felony or higher, you may still qualify to have your record expunged. In these situations, the court has discretion about whether to grant or deny your petition. A hearing will likely be required. If the court grants the expungement, the law is clear that you must be treated as if you had never been convicted of the expunged offense.
Contact Abels Law Office for a free consultation to find out if you qualify to have your criminal record expunged. Attorney Matthew Abels will review your history at no cost to you and advise you if you qualify.
The following chart will give you an idea of whether you qualify for an expungement under Indiana law and, if so, how long you must wait before you may petition the court to expunge your records. The waiting period can be shorter if the prosecutor agrees to it. There are some other less common situations in which you may not qualify for an expungement. It is important to speak with a lawyer about your unique situation. Contact Abels Law Office to discuss your record in more detail.
| Offense | Waiting Period | Filing Fee Required? |
| Arrest, no conviction | One year after the arrest date, or 60 days after dismissal, depending on the date you were charged | No |
| Misdemeanor or felony conviction reduced to a misdemeanor | Five years after the conviction date | Yes |
| Level 6 or D felony convictions (cannot involve bodily injury to another) | Eight years after the conviction date | Yes |
| Other felonies (cannot involve serious bodily injury) | Eight years after the conviction date or three years after completion of the sentence (whichever is later) | Yes |
| Other felonies (if serious bodily injury is involved) | 10 years after the conviction date or five years after completion of the sentence (whichever is later) | Yes |
Take the first step toward getting your life back on track. Contact Mr. Abels, in Indianapolis, Indiana, at 317-397-0264 for a free initial consultation.