Expungements And Deferrals
Indiana’s Second Chance Law offers relief to criminal offenders. Namely, it enables individuals arrested and convicted of certain violations to have their records sealed. Yet obtaining this benefit — often referred to as expungement — isn’t a straightforward process. Not everyone is eligible, and the process of petitioning for relief is itself complex.
The attorneys at DeVries + Kelly can assist. Drawing on decades of combined experience in criminal law, our legal team is intimately familiar with the ins and outs of Indiana’s legal system. With offices in Indianapolis and Hamilton County, we are positioned to offer immediate help and pursue an expungement on your behalf in the quickest manner possible.
Having a criminal record sealed carries substantial benefits. In most cases, potential employers and landlords will no longer be able to access your criminal history, which can make it much easier to find suitable housing and employment.
But the process for obtaining an expungement differs depending on one’s particular circumstances:
- Individuals who were arrested but were not convicted of any crime or had their convictions vacated must wait one year after the date of arrest to petition for sealing their record.
- Individuals convicted of misdemeanors or Class D felonies reduced to misdemeanors must wait five years from the date of conviction to petition. Moreover, their eligibility may be restricted if certain other criminal procedures are pending.
- Individuals convicted of nonviolent felonies must wait eight years to petition, and those convicted of violent felonies must wait 10 years to petition. Given the serious nature of such offenses, their eligibility for expungement is somewhat more difficult to establish. Working with an attorney is instrumental in getting the best possible legal outcomes.
To learn more, reach out to our firm. You can call us at 317-643-5918 or contact us online. Initial consultations are free in the area of criminal defense, enabling us to assess your situation and inform you of the likely proceedings before you’re obligated to retain us.