The State of Indiana recently passed a new expungment law that went into effect July 1, 2013. The expungment law (I.C. 35-38-9, etseq) applies to the following:
- Arrests that did not result in a conviction or juvenile adjudication;
- Person’s convicted of misdemeanors, including felonies reduced to misdemeanors, class D felonies and felonies.
In general there are certain restrictions for each category in order to qualify for an expungment. The time restrictions range from one (1) year after an arrest that did not result in a conviction on juvenile adjudication, all the way up to ten (10) years after the person has completed their sentence in a felony greater than a D Felony. Also, certain convictions do not qualify under the expungment law, such as sexual or violent offenses.
Another thing people need to be aware of is that only certain agencies are required to expunge the record, i.e. BMV, DOC, the Court file, etc. It doesn’t apply to independent agencies. Lastly, you only get one chance to apply. So, you want to make sure it is done correctly at the right time.
Call John Cowan to set up an appointment today to see if you qualify.