Expungement Video Transcript:
There are laws in Indiana that allow for criminal records to be expunged, that is erased, or to limit access to the records. This can be very important and helpful if you have a record and are applying for jobs or housing, or anything that involves a criminal background check.
If you have an arrest record - where you were arrested but never convicted - in some circumstances, it is possible to get an expungement. Meaning that the entire record is erased as if it never happened. There are only limited circumstances when a true expungement is available.
But, in every case in which you were arrested and there was no conviction, you are entitled to have the records sealed so that they do not show up on a background check. The only requirements are that it has been at least 1 year since the date of arrest and that you have no pending charges.
So, what if there was a conviction? Well, it depends on the type of crime for which you were convicted. If it was a misdemeanor - things like drunk driving, driving while license suspended, battery - then 5 years after the date of the conviction, you can petition to have the conviction “expunged”. This is not a true expungement - the record is not completely erased; it still exists but is only available to certain law enforcement agencies. In order to qualify for this expungement you must not have been convicted of any crime in the past 5 years and you must have successfully completed all of the requirements of your sentence.
Similar types of “expungements” are available for felony convictions. But, the time frame is 8-10 years after the date of conviction, depending on the type of felony, instead of five years like for misdemeanors.
It is illegal discrimination for anyone to refuse to hire you or take negative employment actions against you based on an expunged record. It is also illegal discrimination for a professional license to be held up or suspended because of an expunged record.
If you have a record that prevents you from achieving some of your goals - for example it disqualifies you from certain jobs or from holding certain work licenses, you should contact our office because we may be able to help get that record expunged.
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The information contained within this website is not legal advice. To obtain legal advice you must consult with an attorney at GRINER & COMPANY, ATTORNEYS AT LAW. The material in this website is only for information purposes and may not be up to date. Nothing in this website is intended to create an attorney-client relationship. GRINER & COMPANY, ATTORNEYS AT LAW are licensed to practice law only in the State of Indiana.