Indianapolis Expungement Attorneys
Get the Second Chance You Deserve With Gemma & Karimi, LLP
Once you have completed your time or other penalties for a criminal sentence, you’d most likely like to leave all of it behind you. Regrettably, life does not always function that way. The ripple effects of a criminal record often follow you around any place you go, making it hard to proceed with your life. Thankfully, there is hope.
Conviction is not the end! Expungement offers the chance for a fresh start, despite your past mistakes. Of course, expungement is not a guaranteed procedure, as the success of your petition depends on many factors including the nature of the crime you were charged with and any objections that might be filed by the prosecutor’s office. However, an experienced Indianapolis expungement attorney like those at Gemma & Karimi, LLP will know what makes a strong petition and how to make sure you have a powerful case.
What is a Criminal Record Expungement?
Sealing and expunging of records in Indiana state is a statutory mechanism that prevents public access to documents about criminal history and the benefit of not disclosing those records upon most requests.
Expungement is defined as the act of legally:
- Striking out documents or information in files, computers, and other depositories relating to criminal charges
Without this occurring, the records of criminal charges remain accessible to law enforcement agencies and, in many circumstances, to the public at large.
Once a criminal record is expunged, generally speaking, records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the deleted documents can be searched, retrieved, and used, but this occurs only in extraordinary circumstances that generally require a court order or statutory authorization of some sort.
Can All Offenses Be Sealed?
The purpose of criminal record expungement is to give individuals who may have made mistakes in the past that involve a run-in with law enforcement another opportunity to clean up their background. However, there are times or offenses where the state or Federal government may deny the opportunity to have a sealed criminal background.
Criminal Convictions That Do Not Qualify for Expungement
While these offenses will vary from state-to-state, generally speaking, if you have been convicted of a major violent felony, it cannot be expunged.
Examples of offenses that cannot be expunged:
- Child molestation
- Sexually based offenses
- Offenses involving children
If you are convicted of those crimes or similar violent or major violent felonies, a criminal conviction or criminal arrest expungement will generally not be an option for you to pursue in your quest to get your criminal background cleared.
If you have questions about clearing your record, call (317) 676-4747 to set up a free initial consultation with an Indianapolis expungement lawyer at Gemma & Karimi, LLP. We are backed by decades of experience combined.
Petition to Expunge an Arrest
Indiana has one of the more liberal expungement laws in the country that allow individuals with criminal convictions or arrests to take them off the public record. Even individuals who have multiple misdemeanor and felony convictions across several counties may be eligible for expungement.
One mark on your criminal record that you may expunge is an arrest. Getting arrested for any crime can stay on a person’s criminal record, even if it did not result in a conviction. However, if the arrest did not result in a conviction, you may request for it to be expunged.
Petition to Expunge a Misdemeanor
You may request expungement of misdemeanors on your criminal record. To be eligible for a misdemeanor expungement, you must meet the following requirements:
- You must not have current or pending charges.
- The conviction must be at least 5 years old.
- Court fees, fines, and required restitution amounts must be paid in full.
- You must not have any subsequent convictions in the past 5 years.