A criminal record can continue to affect your life long after a case has ended. Employers, landlords and licensing boards often conduct background checks, and a past conviction — or even an arrest without conviction — can create barriers that prevent you from obtaining the job you want, housing you need or the education you deserve. Indiana’s Second Chance Law may give you the opportunity to limit access to your criminal record through expungement.
Anyone seeking expungement must satisfy all terms of their sentence, pay all required fines and fees and avoid acquiring additional criminal convictions during the applicable waiting period. Because most people have only one opportunity during their lifetime to file for expungement, it is important to handle the process carefully.
The Second Chance Law recognizes five situations for seeking expungement:
- Arrests that did not result in a conviction — If charges were never filed, were dismissed or resulted in an acquittal, you may seek expungement one year after the date of arrest. If granted, the records are typically erased or permanently removed from public access.
- Misdemeanor convictions — Most misdemeanor convictions are eligible for expungement five years after the date of conviction. If the petition is granted, your records are sealed from public view, although they remain accessible to law enforcement and certain government agencies.
- Level 6 felonies and former Class D felonies reduced to misdemeanors — These offenses can be expunged eight years after the date of your conviction or three years after the completion of your sentence, whichever occurs later. As with misdemeanor convictions, your records are typically sealed rather than erased.
- Higher-level felonies — Convictions of Level 5 through Level 1 felonies and former Class C, B and A felonies may be eligible for expungement 10 years after the date of a conviction or five years after the completion of your sentence, whichever occurs later. In many cases, the prosecuting attorney must consent to the expungement, however.
- Serious felonies — Certain serious offenses, including violent and public official crimes, are subject to additional restrictions and may require the prosecutor’s consent to proceed. Some offenses are never eligible for expungement under Indiana law.
It is important to understand the difference between expunging an arrest and expunging a conviction. When an arrest does not result in a conviction, the record may be erased. When a conviction is expunged, however, the record is only sealed from public view, rather than being destroyed. Law enforcement agencies and certain governmental entities can still access sealed records.
Because Indiana usually allows only one chance for you to seek expungement during your lifetime, you should seek legal guidance before filing a petition. You do not want your second chance to be ruined by a small mistake.
The Law Offices of Ryan E. Lackey in Fort Wayne, Indiana helps residents of Allen County and surrounding areas seal or expunge criminal records so that they can obtain a fresh start and move on with their lives. Find out if we can help you by calling 260-222-7364 or contact us online.
