How many times can you expunge your record in Indiana?

What is the second chance law in Indiana?

The Indiana Second Chance Law allows an individual to petition the court for an expungement of criminal records or to seal certain arrests or convictions. If the petition is granted, a person's criminal history is either expunged, sealed, or marked as expunged, depending on the reason a court granted the petition.

Can judges see expunged records?

Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.

How much does expungement cost in Indiana?

In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees.

Does Indiana have a clean slate law?

Indiana expungement law, aptly referred to as the Second Chance Law, lets you escape your former self's criminal record and forge a new future with a clean slate. At Keffer Hirschauer LLP, our deep experience in criminal defense practice includes guiding you through the process of expunging your criminal records.

Can you reverse an expungement?

A Type of Dismissal

Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

Will an expunged record show up on a level 2 background check?

The existence of expunged convictions that involve mistreatment of children or other vulnerable individuals may be legally reported in Level 2 background checks, though unsealing the details of those records typically requires a court order.

How to get something expunged off your record in Indiana?

You have to ask for the records to be expunged. You can go to the court clerk's office where the charges were filed and ask for an expungement form or you can access the Indiana Expungement Request Form here. After you fill out the form you will give it to the court clerk.

What is the second chance program for felons in Indiana?

You may be able to restrict access to a portion of your criminal record under the Second Chance Law. In 2011, the Indiana General Assembly passed legislation permitting individuals to seal portions of their criminal record. This was revised and condensed into Indiana Code 35-38-9 effective July 1, 2013.

How long does expungement take in Indiana?

It typically takes a few months to expunge a record in Indiana. Once you file your petition to expunge, the prosecutor has 30 days to object. If the prosecutor objects, or if the court believes it needs to take evidence before ruling on the request, it will schedule a hearing no less than 60 days after you file.

Which states are clean slate states?

Currently, 12 states have enacted some form of Clean Slate Law: California, Colorado, Connecticut, Delaware , Michigan, Minnesota, New Jersey, New York, Pennsylvania, Oklahoma, Utah and Virginia. Advocacy groups are lobbying to add the remaining states.

What is the new automatic expungement law in Indiana?

Indiana Code 35-38-9-1 requires the Court to expunge the record automatically. One caveat is that since this is a new law, some Courts may not be in the habit of doing this or may not do it automatically. If you feel your case qualifies for this automatic expungement, give us a call and we can help you out!

Do I need a lawyer to expunge my record in Indiana?

Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.

Can police see expunged records in Indiana?

Public agencies will refuse disclosure of records if the information on the case file is sealed or expunged.

Can you expunge a DUI in Indiana?

In Indiana, as in several other states, you can erase the DUI arrest record and charge, but you cannot expunge the conviction.

Can the FBI see my expunged record?

Expunged records can, in some cases, appear on FBI background checks, especially those conducted by law enforcement or certain government entities.. While expungement is meant to remove or restrict access to criminal records, the effectiveness of the process varies by jurisdiction.

Can an expungement be reversed?

Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.

What agencies can see expunged records?

What is the rule 74 in Indiana?

Effective January 1, 2024, Indiana Trial Rule 74 requires that all trial courts, including city and town courts, have audio recording equipment to record all hearings and trials in all case types.

How can I get my record expunged for free in Indiana?

The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.