Expungements: Seal, Duty to Reveal & What Else You Need to Know

If you have been convicted of a crime (that is not a sex or violent offense), you may be eligible to seek to have your record sealed under Indiana law.

Below are a few of the requirements to have an old conviction sealed: 

• If it has been at least one year after your arrest and you were never convicted, we can file a petition to expunge your arrest record.
• If it has been at least five years after your conviction for a misdemeanor on a felony sentenced as a misdemeanor, we can file a petition to seal your conviction.
• If it has been at least eight years from the date of your felony conviction or three years after you completed your sentence, whichever is later, we can file a petition to seal your conviction.
• If it has been at least ten years from the date of your conviction for a felony involving a public official or serious bodily injury or five years from your completion of your sentence, whichever is later, we can file a petition to seal your conviction.

 Before you can file a petition to seal or expunge your record, you must successfully complete your sentence. This includes paying all your fines, fees, court costs and any restitution required. You must also be able to demonstrate to the court that you have no pending open charges against you and that you have not committed any other crimes during the waiting periods listed above.

 Your petition must be filed in the county where you were convicted and all your crimes in that county must be sealed in a single petition. If you have been convicted in more than one county, separate petitions must be filed in each county.

 Once your record has been sealed, if you are asked about your criminal record, you may truthfully (and legally) declare that you have never been convicted of a crime that has not been expunged under the law. It is important for you to understand, however, your prior conviction may still be used by law enforcement and/or the court to enhance your sentence or crime in any later crimes you commit. It is also important to note that if you expunge a domestic violence conviction, your right to possess a firearm is not automatically restored.

 If you have an old felony conviction on your record, it is likely costing you numerous jobs and other opportunities. If you are interested in getting a fresh start, take advantage of the chance to seal your record.

Whatever your legal needs may be, The Nice Law Firm, LLP stands by to offer you advice and tailored solutions to your individual charges. Call us today to determine whether you meet the statutory requirements for an expungement today.