Often asked: How Much Time Before Expungement Possible Marion County Indiana?

How long do you have to wait to expunge a record in Indiana?

For a misdemeanor or Class D felony reduced to a misdemeanor, you may petition the court for an expungement five years after conviction. For most non-violent felonies the waiting period is eight years. For more serious felonies, the waiting period is ten years and the consent of the prosecuting attorney is required.

When can you get a felony expunged in Indiana?

You understand that if you have ONLY felonies, the most recent felony must be at least eight (8) years old, and. You understand that if you have BOTH misdemeanors and felonies to expunge, your most recent offense (felony or misdemeanor) must be at least eight (8) years old, and.

What crimes Cannot be expunged in Indiana?

Under Chapter 35-38-9 of the Indiana Expungement Law, expungement is not available to sex offenders or violent offenders or persons convicted of official misconduct, homicide offenses, human and sexual trafficking offenses, or sex crimes.

How does expungement work in Indiana?

Records contained within an individual’s criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.

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Does Indiana expungement restore gun rights?

Does an expungement under the Indiana Code restore the rights of an individual to purchase or possess a firearm under the 1968 Gun Control Act [18 U.S.C. ยงยง 921 et seq.]? Yes, because an expunction restores civil rights with no firearm restrictions.

What do you say to judge for expungement?

Tell the Judge that you want to have your criminal record sealed, explain the charges you wish to erase from your record and that the proper time has passed. Explain to the Judge that you have been rehabilitated and why it is important to have your record sealed.

What felonies can be expunged in Indiana?

Expungement in Indiana If You Have a Conviction on Your Criminal Record. Convictions for many misdemeanors, Class D or Level 6 felonies, and Class D or Level 6 felonies that were reduced to misdemeanors may be expunged and sealed. With some exceptions, sealed records cannot be disclosed to anyone without a court order.

What crimes can be expunged?

These generally include murder, serious violent crimes, and sex crimes involving children. In many cases, there is a waiting period to expunge a conviction. There may be other requirements, as well. In most states, if a felony is expunged, it will be sealed from public view.

How do I expunge my criminal record in Indiana?

Records contained within an individual’s criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.

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How much does it cost to expunge a misdemeanor?

What Does it Cost? It usually costs $50 to file a motion to expunge a conviction record. The cost may be higher in some courts. However, if you are a low-income person, you may file with a poverty affidavit and pay the costs later.

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