Experienced Legal Guidance For Indiana Expungements
A criminal conviction can haunt you for years to come. A criminal record will show up in a background check. Whether you are applying to school, pursuing a job opportunity or trying to find a new apartment, your criminal history is searchable. However, sometimes it is possible to clear your criminal record with an expungement.
At Gil Berry Law in Indianapolis, our founding attorney has dedicated his legal career and practice to criminal defense. If you are considering an expungement and need an expungement lawyer, he is one of the few attorneys in Indiana to successfully petition for expungement on behalf of clients. With more than 30 years of criminal defense experience, attorney Gil Berry can help you determine whether you are eligible for an expungement and possibly pursue one on your behalf.
What Is An Expungement?
An expungement is a legal process that allows you to clear or seal your criminal record. In Indiana, this means that your past offenses are either erased from public view or hidden from most background checks. This can help you move forward with your life without the shadow of past mistakes affecting your job prospects, housing opportunities or educational goals.
However, expungement does not completely erase your record. Law enforcement and certain government agencies may still have access to your criminal history. The process involves filing a petition with the court, and, if it’s granted, your record is treated as though the offenses never occurred. This can be a significant relief, giving you a fresh start and the chance to rebuild your life without the stigma of a criminal record. It is important to note that not all offenses can be expunged, and there are specific requirements that must be met.
What Crimes Are Eligible For An Expungement In Indiana?
In Indiana, your eligibility for an expungement depends on your conviction and the time that has passed since your offense was committed. Generally, you may qualify if you were convicted of a misdemeanor or a Class D felony that was reduced to a misdemeanor. For most misdemeanors, you must wait five years from the date of your conviction.
For a nonviolent felony, the waiting period is typically eight years. Certain serious offenses, such as those involving violence or sexual crimes, may not be eligible for expungement. Additionally, you must have completed all terms of your sentence, including probation and any required restitution. Also, you cannot have any pending criminal charges. It’s also important to note that you can only file for expungement once in your lifetime, so it’s crucial to ensure that your petition is complete and accurate. Consulting an experienced criminal defense attorney can help you understand your options and potential for success.
The Complexity Of Expungements In Indiana
Clearing your criminal history with an expungement can change your life. However, the expungement process in Indiana is complicated, and you only have one chance to get it right, as Indiana law only allows you to expunge a conviction once in your lifetime. At Gil Berry Law, our lawyer helps clients with expungements for the following:
- Misdemeanor convictions, such as alcohol-related crimes or drunk driving charges
- Felony convictions
- Non-convictions and arrests without conviction
- Juvenile records
- Expungement eligibility evaluations
No matter how complex your case is or what your past convictions are, our Indiana expungement attorney has extensive experience with the challenging Indiana expungement process.
What To Expect With Expungement Representation
At Gil Berry Law, our attorney starts every case with a confidential consultation. He will listen attentively to your history, assess your eligibility for expungement and address any concerns you may have. He will also review your criminal record and identify the convictions that are eligible for expungement. This will provide him with the information he needs to craft a strategy.
Attorney Berry will handle all aspects of your expungement petition, including preparation, completion and submission, in accordance and compliance with Indiana law. He will also represent you in all court proceedings related to your expungement petition, advocate on your behalf, and present compelling evidence and legal arguments to support your case. In addition, even after your expungement is granted, he will provide ongoing support to make sure that your record is properly cleared and your rights are fully restored.
Frequently Asked Questions About Expungements
As a criminal defense lawyer with more than 30 years of experience with the Indiana criminal justice system, attorney Berry regularly gets asked the same questions. Here, he has prepared answers to some of those questions. If you still have questions about your specific case, he invites you to schedule an initial consultation.
Can all criminal records be expunged in Indiana?
Not all criminal records are eligible for expungement in Indiana. Certain criteria, such as the nature of the offense and the individual’s criminal history, determine eligibility. An experienced expungement attorney can help assess your eligibility.
How long does the expungement process typically take in Indiana?
The expungement process varies depending on factors such as the complexity of the case and court scheduling. On average, from the initial petition filing to the final court decision, the process can take several months to complete.
Will an expunged record still appear on background checks in Indiana?
Once a record is expunged in Indiana, it is legally sealed. In most cases, it should not appear on standard background checks that are accessible to the public. However, certain entities, such as law enforcement agencies, may still have access to sealed records in specific circumstances.
Can I expunge multiple offenses from my criminal record in Indiana?
Yes, it’s possible to expunge multiple offenses from your criminal record in Indiana, provided that they meet the eligibility criteria outlined by Indiana law. Each offense will undergo a separate evaluation process to determine eligibility for expungement.
Are there any limitations on the types of offenses that can be expunged in Indiana?
While many types of offenses are eligible for Indiana expungement representation, certain serious crimes, such as homicide, sexual offenses and offenses involving child exploitation, generally cannot be expunged. It’s essential to consult with a knowledgeable expungement lawyer to understand the specific limitations and eligibility criteria.
Consult An Indiana Expungement Attorney
If you believe that you may be eligible for an expungement, our lawyer is available for consultation appointments. To find out more or to schedule a consultation, you can call us at 317-643-8292 or send us a message through our online form.
