A criminal record means a lifetime of hurdles that can prevent the average person from a better quality of life. But how long does it take to get an expungement in Indiana?
What is a Criminal Record Expungement?
Criminal record expungement is a civil proceeding. An offender of prior criminal conviction petitions the government to take records of that earlier criminal action to be sealed, making the records unavailable through the state or Federal repositories. Only available in the situations required by government agencies.
Expungement is an Intricate Process
To get an expungement in Indiana, the period to completion is typically 90 days per county filing. Because expungement petitions must be filed in the county where the crime was committed, an individual with criminal offenses in multiple counties will be required to work with different state prosecutors and different Superior courts. This waiting period applies to expungement petitions for:
- Arrests
- Misdemeanors
- Felonies
An Expungement Attorney is Easy to Find
If there is a need for an Indiana expungement attorney to help with the expungement of criminal records, finding a skilled criminal attorney with expungement experience is as easy as searching, “expungement attorney near me,” “lawyer for an expungement close by” or even “expungement attorney” on a search engine like Google, Yahoo or Bing. For most people that need an expungement, a criminal record expungement can mean:
- Job opportunities
- The ability to obtain a professional license
- Restored rights to own guns
Unfortunately, a criminal record in America prevents future success or the ability to enjoy fundamental freedoms granted to every American.
What Happens if an Expungement Request is Denied?
Any steps needed to take would depend on the reasons why the initial petition was denied. If an eligibility issue exists because the required time period has not been completed, wait a little longer. If there is another reason for ineligibility, there is no rule preventing filing a new expungement petition the next day. For example, the judge says, “No, I don’t think that it’s in the interest of justice at this time for you to get the record expunged,” the law does not forbid refiling the next business day. A refiling at that period can cause the time to get a successful expungement petition completed can be another 90 to 120 days, which could go on even longer in the event of some legal deficiency.
Correct the Legal “Issues” First
Most of the time, you want to wait a little bit of time to correct whatever insufficiencies the judge listed as to why the petition wasn’t granted. Sometimes, an expungement can be held up by tiny restitution., It can be re-filed again and again until it’s finally given. If the goal is to expunge something on the list of crimes that can be expunged, it almost always is wise to hire a lawyer so the court can specifically hear all the reasons why expungement is valid and a legal mechanism to do so.
Why Hire an Experienced Expungement Attorney?
It’s always better to hire an attorney that does expungements for a living that can help. It doesn’t have to be just drafting the paperwork and knowing what and what not to put in the petition. An expungement attorney adds experience in dealing with the judge, that prosecutor, or the opposition and how best to present the evidence in front of the judge so that the judge approves of the expungement petition.
