An Indiana criminal conviction can affect a defendant’s life for years, if not permanently. A surprising number of parties may perform criminal background checks and may judge an individual for their prior record.
Many people recognize that employers frequently perform background checks before hiring new workers or promoting existing ones. It is also quite common for landlords, educational institutions and even financial aid providers to perform background checks as well. A criminal record can sometimes be the deciding factor in whether someone can improve their circumstances in life.
Those who had a prior brush with the criminal justice system may want to put the matter behind them since they have fulfilled their obligations to society. In some cases, those with prior convictions, arrests or criminal charges might be eligible for expungement. How long do people have to wait before they apply for expungement?
A charge determines the waiting period
Some criminal charges are more significant than others. People can face criminal charges for reckless driving, which may not seem particularly severe, or for domestic violence, which could be indicative of a volatile personality. Each charge carries different penalties and has a different impact during the background check process.
The laws in Indiana allow for a relatively nuanced approach to expungement requests. People with misdemeanors are usually eligible for expungement before those with felony records.
Typically, people have to wait at least five years after the date of their conviction before they can petition the courts to expunge a misdemeanor conviction. They also have to wait five years after any conviction, including unrelated later offenses.
The waiting period for a felony is longer. Typically, the party requesting the expungement has to wait at least eight years after their conviction for the offense and any other offense before they are eligible. If the offense is a felony that resulted in serious bodily injury, the defendant may have to wait 10 years after their conviction or five years after they complete their sentence.
During that time, they generally need to avoid other criminal convictions to avoid restarting the waiting period. People typically cannot have any pending charges during the expungement process.
What about arrests or unsuccessful charges?
State records can also provide information about an individual’s arrest history. They may have faced charges that the state eventually dismissed. It may be possible for people to ask the courts to expunge the records of arrests that did not lead to charges and charges that did not lead to convictions after waiting a year.
Understanding the rules that apply to criminal record expungements can help people move on with their lives. Those with a prior conviction, arrest or charge on their record can potentially eliminate those blemishes with the support of a criminal defense attorney if they qualify.