Having an arrest record or a misdemeanor or felony conviction can present difficulties in obtaining employment, housing and financing and can raise other impediments to living a productive life. Indiana maintains a record of all arrests and convictions. Computer-assisted research tools allow employers, landlords and lenders to conduct extensive background checks, which influence decisions made about applicants for benefits. If you have your criminal record expunged or sealed, only law enforcement can access this information. You can and should explore your eligibility for this relief.
Indiana’s sealing and expungement statute allows individuals a one-time opportunity to expunge or seal their records in certain circumstances. A strong feature of the law is that it prohibits employers and others from discriminating against people who have had their criminal records sealed or expunged. The law requires that they be treated as though they had never been arrested or convicted.
Eligibility for expungement or sealing depends on the conviction and on certain related factors. In addition, there are strict requirements concerning the procedures as well as the timing of a petition.
When a person was arrested for a crime but was never charged or acquitted after trial, a record of arrest still exists. In this situation, most individuals will qualify to have that record sealed.
A person who has been convicted of a crime may petition to have the conviction expunged and the arrest record sealed. For misdemeanor convictions, individuals must meet the following initial requirements:
- The conviction was at least five years ago and there have been convictions since then.
- There are no pending charges against them.
- The convictions were not for sexual or violent crimes.
- There were no more than two convictions involving use of a deadly weapon.
- All fines, costs and restitution assessed have been paid.
There are additional requirements for felony convictions to be expunged. If the conviction is for a Class D or Level 6 felony, the waiting period is eight years, without any other convictions during that time. Additionally, the felony must not have caused great bodily injury to another person.
Conviction of more serious felonies results in additional criteria for the petitioner to satisfy. In addition to the requirements above, the waiting period is eight to 10 years since the conviction or three to five years since release from prison, whichever is greater. Moreover, there is no absolute right to have these records expunged. The judge has wide discretion in determining when to grant an expungement.
The best way to determine whether you may qualify to have your criminal record expunged is by consulting with an experienced Indiana record sealing attorney. We will review your record, explain your options and ensure you comply with all the legal requirements.
The Law Office of Weiss, Schmidgall and Hires, PC in Merrillville represents Indiana residents seeking to expunge their criminal records. Contact us online or call us at 219-293-8988 to set up a free initial consultation.
About Victoria Bain joined Weiss, Schmidgall & Hires as an associate attorney in 2023. She is licensed to practice law in both Indiana and Illinois. She is a graduate of the University of Illinois Chicago School of Law and earned her Bachelor of Arts in Political Science from Valparaiso University. Victoria has been practicing law…
For more than twenty years, Christopher Schmidgall has helped individuals and small businesses in Northwest Indiana and the Northern District of Illinois navigate some of the most difficult financial moments of their lives. He takes pride in working closely with clients who are struggling financially, helping them find real solutions and a path toward financial freedom. Chris became a Board Certified Consumer Bankruptcy Specialist through...
Attorney Amanda C. Hires is an experienced Indiana criminal defense attorney serving clients throughout Lake County, Porter County, and Northwest Indiana. She is dedicated to protecting the rights, freedom, and future of individuals facing criminal charges and related legal matters. Amanda provides strategic...
Jessica McPheeters is an attorney licensed to practice law in Indiana, providing legal services in estate planning, probate, real estate, business matters, and civil litigation. She represents individuals, families, and businesses with a practical, results-driven approach focused on clear guidance and effective advocacy. Jessica has significant trial experience and regularly represents clients in complex civil matters. In addition to her private practice...
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5.0/5.0I had a criminal case and I was represented by the best and kindest lawyer who worked for Amanda Hire. Her name is Victoria Bein. She went above and beyond...
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Chris and his staff have help my get back on track. When I need guidance on my finances Chris helped me make the best decision. I’m less than 2yrs I was debt free! He is the type of attorney that is always willing to help. My family and friends all...
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