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Expungements

Top-Rated Indiana Criminal Defense Attorney Handling Expungement Cases

At Thomas Law, our Evansville expungement attorney is an experienced, knowledgeable advocate for clients. We understand the damage that a criminal record can cause, and our legal team is here to help you clean it up. Jared Michel Thomas will take all available action to help you get your criminal records sealed to the maximum extent possible under state law. If you have questions about our state’s criminal record expungement laws, we are more than happy to help. To request a strictly confidential consultation with a top-rated Indiana defense lawyer, please call our Evansville law office at 812-492-1900 or send us a message directly online.

What is an Expungement and How Does it Work in Indiana?

expungement attorneyDo you know what comes up when someone runs a comprehensive background search on your name? In the modern world, there is more information than ever and background checks are more common than ever before. A so-called “criminal past”—even without a conviction—could affect your life in many different ways well after the matter is resolved. Among other things, criminal records could impact:

  • Child custody and visitation rights
  • Your ability to get a job
  • Your ability to qualify for a professional license
  • Your ability to get a mortgage loan or qualify for an apartment

You may also want to remove certain adverse information from public view in order to preserve your own good name and privacy rights. This is where Indiana’s expungement process can make a difference. Simply defined, expungement is a court-ordered procedure through which criminal records are sealed from public view and erased in the eyes of the law. Expungement can be complicated. In Indiana, there are strict rules and regulations regarding which records can be expunged and the steps that must be taken to do so.

An Overview of Indiana’s Expungement Laws

In 2014, Indiana legislators revised the state’s expungement laws. Expungement of criminal records is now governed by Indiana Code § 35-38-9. The statute allows for the sealing/restricting of records when certain criteria are met. Here are the key things you need to know about the criminal record expungement laws in Indiana:

  • Arrest Records Without a Conviction Can Be Sealed: The single best way to preserve your ability to get criminal records sealed is to avoid a conviction. In Indiana, arrest records are generally always eligible to be sealed—as long as there was no conviction. State law requires defendants to wait at least one year after the arrest or the acquittal before they can file a petition to get their records sealed.
  • Juvenile Criminal Records Can (Usually) Be Sealed: In Indiana, most juvenile criminal records are eligible for expungement. If you or your child was arrested as a juvenile, it is generally possible to get the records sealed to the public no matter the ultimate outcome of the case. Youthful indiscretions happen. It is crucial that young people are able to clear their name and preserve their future.
  • Most Misdemeanors and Some Felonies Can Be Sealed After a Waiting Period: You may be eligible to get your criminal records sealed even if you ultimately pleaded guilty to the offense or were otherwise convicted. Most misdemeanor offenses and most Level 6 felonies qualify for expungement through this process. However, they are subject to a waiting period. The waiting period is usually either five years or eight years depending on the severity of the crime. In addition, you should be prepared to present a strong and compelling case for getting your records sealed. With a conviction, expungement is not automatic. Expungement for a criminal conviction may be denied if you have other criminal charges pending or if you failed to pay fines or abide by other conditions of your release.
  • Some Convictions are Ineligible for Expungement in Indiana: Not all criminal records can be expunged in Indiana. Under state law, certain types of records are automatically ineligible for any form of expungement. Generally, especially major sex crimes convictions (aggravated rape) and serious violent crimes convictions (homicide) cannot be sealed in Indiana, no matter how much time has passed.

If you want to get your criminal records sealed, it is best to take action at the earliest possible moment. You do not want to have adverse information available to the public any longer than is required by Indiana law. An experienced Evansville, IN expungement lawyer can help you understand your options and assist you in navigating the process.

How Indiana Expungement Attorney Jared Michel Thomas Can Help

Indiana’s expungement laws are notoriously complex. If you are confused about your rights or your options for sealing criminal records, you are certainly not alone. An experienced criminal defense lawyer, Jared Michel Thomas, is here to help guide you through the process. When you call our Evansville office, you will have an opportunity to speak directly to an Indiana expungements attorney who can:

  • Listen to your story and answer your questions about sealing records
  • Explain your rights and options under Indiana’s expungement laws
  • Take all appropriate steps to seal your records to the maximum extent possible

We want to make sure that our clients are in the absolute best position to protect their own interests. A criminal record—even if only an arrest record without a conviction—can cause you significant problems. You deserve a chance to move forward with your life. Our criminal defense team will help you explore every available avenue for getting your records sealed to the public.

Call Our Evansville, IN Expungement Lawyer for Help with Your Case

At Thomas Law, our Evansville criminal defense attorney is ready to take action to help you or your loved one get records sealed. We have a deep understanding of the relevant rules, regulations, and procedures. If you have any questions or concerns about expungement in Indiana, we will get you answers. Call our team at 812-492-1900 for a confidential initial legal consultation. From our law office in Evansville, we handle expungement cases throughout all of Southern Indiana, including in Vanderburgh County, Posey County, Warrick County, and Spencer County.

Evansville Criminal Defense Attorney 111 SE Third Street Suite 200 Evansville IN 47708

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