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What is the Expungement Process in Indiana - Gemma & Karimi, LLP

What Is the Expungement Process in Indiana?

Being convicted of a crime can have a long-term negative impact on your personal and professional life.

Fortunately, once a certain length of time has passed, you might have the opportunity to clear your record through expungement.

If you are eligible to have your records sealed, there will no longer be any public reference to your criminal history, and you can move on as if your guilty verdict never happened. Here is a brief overview of the steps involved in expunging a conviction.

Determine Eligibility

The first step in the expungement process is identifying whether or not you’re eligible to have your records sealed.

Not all crimes can be expunged under Indiana law.

Offenses that don’t qualify include first- and second-degree felonies, as well as anything that carries mandatory jail time.

There is also a list of violent crimes that are excluded from eligibility. If there is any confusion about your ability to expunge, it’s best to seek legal counsel.

Application for Sealing of a Criminal Record

After determining your eligibility status, the next step is requesting a certified copy of the order of conviction.

This will need to be submitted along with your application for sealing of a criminal record and the judgment entry for sealing.

These forms must be properly filled out and filed with the clerk of the court in the county where you were convicted.

Prosecutor Objection

Once your expungement petition paperwork is filed, the prosecutor will have a chance to object to the motion to seal your records.

This can be done through a written memorandum submitted to the court before or at your scheduled hearing.

Your criminal defense attorney should be prepared to address an objection in either scenario, presenting a compelling argument as to why your conviction should be expunged.

Court Hearing

During your hearing, the judge will review the evidence of your case and listen to each side before deciding whether to grant your expungement request.

The decision will be based on a variety of factors, as the judge weighs your interests against those of the government.

Should they rule in your favor, they will sign an order to seal your record and send it to all agencies that maintain information about your conviction.

 

Gemma & Karimi, LLP

320 N Meridian St

Indianapolis, IN 46204

317-602-5970

https://gemmakarimi.com

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