Indiana Expungement Law: Giving a Second Chance to Those Who Deserve It
In July 2013, Indiana passed a new Indiana expungement law entitled, “Second Chance Act” or “Second Chance Law”, which was designed to give those who have made a mistake an opportunity for a fresh start and to put their past offenses behind them, and the new Indiana expungment law was amended again in 2014.
The new Indiana law has three (3) essential parts:
- Felony Reduction. A person may qualify to have a D Felony reduced and entered as an A Misdemeanor if certain requirements are met. The new Indiana expungment law may restore the convicted person’s right to vote, possess and/or carry a firearm, or allow the person to hold public office.
- Criminal Record Expungement. The newly enacted Indiana expungement law allows the sealing and/or destruction of certain criminal records, including Misdemeanors and Felonies, so long as all requirements are satisfied. Typically, probation or sentence must have been completed and the person wasn’t convicted of a sexual crime or seriously violent crime. Additionally, each degree or level of conviction has a time requirement that must be satisfied prior to expungement; Misdemeanors (5) five years from date of conviction; most D-Felony convictions (8) eight years from date of conviction; A B C Felony convictions (8) eight years from completion of sentence, probation or parole; and for a Felony committed while serving in public office or resulting in “serious bodily injury” (10) years from the completion of probation/parole and with Prosecutor consent. In some situations, the Prosecutor may consent to an criminal record expungement if the time requirement has not been satisfied.
- Arrest Record Sealing or Expungement. Unknown to many people, Indiana law allows for the criminal record expungement of some arrest records or the sealing of an arrest record (there is a difference) depending on the circumstances. If a person has been arrested but the charges were dropped or dismissed, they were found not guilty, they were wrongfully arrested, arrested while a juvenile, or the sentence was vacated or reversed on appeal, they may qualify to have their arrest record sealed or their arrest record expunged. Also, people that participated in a pretrial diversion program for the crime they committed may still show the arrest but not the conviction on their record and SFT Lawyers may be able to Seal the arrest record for them.
Indiana Expungement Law: Allowing You to Put Your Criminal Past Behind You and Get Your Life Back
If you want to put your criminal past behind you, and prevent your criminal background and criminal history from continuing to haunt you, the attorneys at SFT Lawyers can help. Our Indiana expungement law attorneys are experienced in obtaining relief under the new Indiana expungement law.
These are complex issues, and getting relief is not as straightforward as filling out a form at your local courthouse. You need a seasoned Indiana expungement law attorney to represent you to get your felony reduced, Indiana criminal record expunged or your criminal record sealed from public view.