Put the Past Back Where it Belongs.
The consequences of a minor mistake have the potential to wreak major havoc on your present and future. Whether you’re looking for employment or applying for credit, you will most likely be required to undergo a criminal background check. Although they are designed to help protect employers and lenders from crime and dangerous individuals, background checks can also dig up situations from your past that prevent you from reaching your goals.
Eric L. Risk can assist clients through the necessary steps and processes of having damaging arrest records expunged or sealed. If you have questions regarding expungement or sealing, contact our office to discover how we can help.
Do I Qualify?
To find out if you qualify for expungement, details regarding typical eligibility requirements are listed below.
- Misdemeanor Convictions. If the date of your misdemeanor conviction is was more than five years old and you have fulfilled the terms of the sentence, you could qualify for expungement. These conditions are also valid for Level 6 and Class D felonies reduced to misdemeanors in Indiana.
- Class D Felony Convictions without Bodily Injury. If you were convicted of a Class D felony that excluded bodily injury more than eight years ago, and you have completed your sentencing conditions, you may qualify for expungement.
- Class A, B, and C Felony Convictions without Bodily Injury. You could qualify for expungement if your conviction date is more than eight years old or if it has been three years since you met the terms of your sentence.
- Felony Convictions with Bodily Injury. If it has been ten years since you were convicted of a felony that included bodily harm to another individual, and you completed your sentencing terms more than five years ago, you may file a petition to have your record expunged.
Based on the specific nature and severity of your conviction, you may have to meet a variety of additional requirements. Furthermore, while you may technically qualify for expungement, everyone is required to first obtain the prosecution’s consent prior to filing their petition. But of course, it’s not always easy to gain that consent—which is why contacting our office is worth the Risk!
Where Do I Begin to File?
If you have met the general conditions listed above, and you have received consent from the prosecutor’s office, you’re ready to file a petition for expungement.
Make sure your petition includes:
- Your Social Security number
- The date of your arrest
- The charges brought against you
- Your court case number
- The name of the officer who made the arrest and the law enforcement agency for which she or he worked
After you have gathered the necessary information, you must send your petition to three separate locations. First, file your petition with the county criminal court that initially processed the charges against. Next, you must serve the law enforcement agency that made your arrest with the petition. And finally, the state records department must also receive your official petition.
Once the court processes your information, it may either approve your petition or schedule a hearing for further review. When you are approved for expungement or sealing, the court will either destroy your records entirely or mail them to you within 30 days.
However, if your petition requires further information or the charges against you are not eligible for expungement, the court will deny your petition.