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Variables Affect Process and Petition for Expunging Criminal Records in Indiana

To help court staff manage the expungement law, the Indiana Judiciary has created a document titled “Expungement 2015 I.C. 35-38-9: Digest for Court Staff and Clerks”.

This 20-page document highlights the complexity of the Indiana expungement law by providing extensive detail on the law’s stipulations and execution. It’s understandable that if the law can be confusing for people with significant legal training, including attorneys and judges, the law can be confusing for the average person.

Nonetheless, inadvertent errors on the petition, exhibits, or order granting petition can have serious consequences. This could include the delay or even denial of granting your petition. Retaining an experienced attorney who has handled hundreds of expungement cases in Indiana will prevent errors on your petition.

Here are some of the factors that an expungement attorney will know how to address after taking on your case:

  1.   Which of the 5 sections you are eligible for
  2.   What documentation you need from your case file to write the petition
  3.   How to navigate the legal system to find that documentation
  4.   What documents need to be filed on green vs white paper
  5.   Which court to file it in
  6.   What Cause Number it should be filed under
  7.   Whether you must appear in court for a hearing
  8.   How to write a “Proposed Order Granting Petition” that encompasses ALL of your rights that have been restored 
  9.   Which government agencies need to be provided with copies of the expungement proceedings and results 

If you have multiple cases to expunge, there are additional complications to consider. An expungement attorney will know:

  1.   The soonest date you can file a petition for each case so that ALL of your cases can be expunged
  2.   Which cases can be filed under one petition and which cases must be filed in separate petitions
  3.   Which cases will be automatically granted and which cases will require legal argument

Gibson Law Office has represented clients petitioning to expunge their criminal records in dozens of Indiana counties, including in Lafayette, Monticello, Frankfort, Crawfordsville, and Delphi. Call Gibson Law Office toll free at 855-9-GIBSON (855-944-2766) for a free consultation to discuss your expungement options.