Indiana's expungement statute is very limited and primarily only provides relief to persons who were arrested, but not charged with a crime. However, a new Indiana law took effect on July 1, 2011 which allows a person to petition a court to restrict access to a person's criminal record. The new law falls short of expungement ( i.e. police will still be able to see the records). However, if a court orders a person's records to be restricted under this law, the person may legally state on an application for employment that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.
The new law applies to people who were charged with crimes, but were not convicted due to charges being dismissed, being acquitted at trial, or who were convicted of a crime and the conviction was subsequently vacated. For persons convicted of crimes, criminal records can also be sealed in misdemeanor or Class D felony cases that did not result in injury to a person. A convicted person becomes eligible eight (8) years after they have completed all obligations of their sentence. Many states have expungement statutes that allow for removal of convictions. A person not convicted of a criminal charge becomes eligible in 30 days or one year, depending on whether there was a dismissal, acquittal, or vacation of a conviction.
Indiana's limited expungement statute has placed those convicted of crimes at a disadvantage in the job market. This new law allowing criminal convictions to be sealed will dramatically help people in search of jobs, promotions, and community positions who have been disadvantaged by misdemeanor or felony crimes that could not be expunged.
Many people convicted of crimes in Indiana have sought expungement of their criminal records, only to find out they were not eligible for expungement. If you have been convicted of a misdemeanor or Class D felony in Indiana, and eight (8) years have passed since you completed your sentence, or you have been acquitted at trial or had criminal charges dismissed, you may be eligible to restrict access to your criminal history. Contact attorney Brett Gibson for a free initial consultation or phone conference at 765-742-8440 or by e-mail at bg@bbgibson.com. Brett Gibson is a Lafayette, Indiana attorney with a statewide practice. Gibson Law Office is located at 133 N 4th Street, Suite 73, Lafayette, IN 47901.
convicted of non support of a dependent child,2002.D-felony,just wondering if i qualify under new law,how much would it cost to seal criminal record
You will be eligible to seal your criminal record if you have not been convicted of a new felony offense since completing your sentence. Whether you are eligible to seal your criminal record now depends on the length of sentence that you received in the Class D felony non-support case. 8 years must pass from the time that you completed your sentence to become eligible.
Please e-mail me directly at bg@bbgibson.com with your Cause Number and I will be able to determine if you are eligible now and quote you a fee.
If 8 years have passed since you completed your sentence and satisfied any other obligations imposed by the sentence, you are eligible to petition to seal your records. However, in a non-support case, part of the sentence typically includes satisfying the child support arrears. I could give you more specific feedback if I see the Sentencing Order. You can send the Sentencing Order to me at bg@bbgibson.com