A criminal conviction can follow you for life, making it difficult to move forward with a clean slate. However, in Indiana, expungement provides individuals with an opportunity to clear their criminal record, making it easier to secure employment, housing, and other opportunities. If you are seeking to expunge or seal your criminal record, you need a skilled attorney who understands the complex expungement process. Ziemer Law is here to help.
What Is Expungement?
Expungement is the legal process of sealing or erasing criminal records, essentially making it as though the arrest or conviction never happened. In Indiana, expungement applies to a variety of criminal records, including:
- Arrest records
- Dismissed charges
- Acquittals
- Certain convictions (with restrictions based on the nature of the offense)
Expungement is a powerful tool for those who have made positive changes in their lives and want to put their past legal troubles behind them. It allows individuals to legally state they have no criminal record, which can improve their chances in life moving forward.
Eligibility for Expungement in Indiana
Not everyone is eligible for expungement in Indiana. Certain criteria must be met before your criminal record can be expunged, including:
- Time Requirements: You must wait a specific period after the completion of your sentence or after an arrest for charges that were later dismissed.
- Type of Conviction: Some convictions are ineligible for expungement, particularly those involving serious felonies, sex offenses, and other violent crimes.
- No Pending Charges: You cannot have any pending criminal charges in order to file for expungement.
The Expungement Process in Indiana
The expungement process can be complicated and time-consuming, but having a knowledgeable lawyer can significantly improve your chances of success. The process typically involves:
- Filing a Petition: You must file a petition for expungement with the court where you were convicted or arrested.
- Court Hearing: In some cases, a hearing may be necessary, where a judge will review your petition and determine whether you meet the eligibility requirements for expungement.
- Notification to Agencies: If granted, the court will send orders to various law enforcement agencies and other entities to remove or seal the records from public access.
Common Challenges in Expungement Cases
Opposition from Prosecutors: In some cases, the prosecutor or law enforcement agencies may object to your expungement, especially if there are concerns about public safety or other factors.
- Incomplete Records: It can be difficult to track down all records that need to be expunged, particularly if you’ve had multiple interactions with the criminal justice system.
- Complex Laws: The laws surrounding expungement can change, and different rules apply to different types of convictions. An experienced attorney can navigate these complexities and ensure your petition is properly filed.
How Ziemer Law Can Help
At Ziemer Law, we understand the importance of clearing your criminal record and the significant impact it can have on your life. Our experienced legal team will assist you in navigating the expungement process from start to finish:
- Eligibility Assessment: We will thoroughly assess your case to determine whether you qualify for expungement, taking into account the nature of your conviction, the time that has passed, and other relevant factors.
- Petition Filing and Representation: We will handle all paperwork and ensure that your expungement petition is filed correctly. We will also represent you in court hearings and handle any objections from the prosecution or other agencies.
- Record Sealing: If you qualify for record sealing, we will ensure that your records are sealed from public view, which will help you move forward with a clean slate.
Benefits of Expungement
- Employment Opportunities: With a clean criminal record, you are more likely to secure employment, as many employers conduct background checks before hiring.
- Restoration of Rights: Expungement can help restore certain rights, such as your right to own firearms, depending on the nature of your offense.
- Peace of Mind: Having your record expunged gives you the peace of mind that your past mistakes will not follow you for the rest of your life.
If you are ready to take the next step in clearing your criminal record, Ziemer Law is here to help. We understand how important it is to move forward after a criminal conviction and will work tirelessly to help you achieve a fresh start. Contact us today for a consultation, and let us help you navigate the expungement process with confidence.
