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Indiana’s Second Chance Law provides individuals with certain criminal convictions an opportunity to move forward with their lives by sealing or expunging their records. This law offers hope to those who have completed their sentences and demonstrated rehabilitation, allowing them to remove barriers to employment, housing, and social reintegration. This blog will serve as a detailed overview of how felony expungement works under Indiana’s expungement statute.

So, who is eligible for felony expungement? Eligibility for felony expungement in Indiana depends on the type of felony conviction and the amount of time that has passed since the conviction. Below is a breakdown of the eligibility criteria:

Level 6 Felonies and Felonies Reduced to Misdemeanors:

• These are often eligible for expungement five years after the conviction.
• The waiting period begins on the date of the conviction or the completion of the sentence (whichever is later).
• The individual must not have committed any additional crimes during the waiting period.

Higher-Level Felonies:

• More serious felonies, such as Level 5 felonies and above, are generally eligible for expungement eight years after the conviction or three years after completing the sentence, whichever is later.
• Certain offenses, including those involving serious bodily injury or sexual misconduct, are excluded from expungement eligibility.

Felonies Involving Violence or Government Officials:

• Crimes such as homicide, human trafficking, and offenses involving public officials are generally excluded from expungement under Indiana law.

Conditions for Expungement

To qualify for expungement, the following conditions must be met:

1. Completion of Sentence Requirements: The individual must have served their sentence, including probation, parole, and any community service obligations.
2. Payment of Financial Obligations: All court costs, fines, fees, and restitution associated with the case must be fully paid.
3. No New Criminal Charges: The individual must not have any pending criminal charges at the time of the expungement petition.
4. Compliance with Waiting Periods: The required waiting period must have elapsed for the specific felony level.

Benefits of Expungement

Expunging a felony record in Indiana can provide numerous benefits, including:

1. Sealing of Records: Once expunged, most criminal records are sealed and inaccessible to the general public, including potential employers and landlords.
2. Improved Employment Opportunities: Employers are legally prohibited from discriminating against individuals with expunged records, allowing individuals to rebuild their professional lives.
3. Restoration of Civil Rights: In some cases, expungement restores civil rights, such as the right to vote, serve on a jury, or hold public office.
4. Social Reintegration: Expungement reduces the stigma associated with a criminal record, improving access to housing, education, and financial opportunities.

The Expungement Process

Here are the steps involved in seeking a felony expungement under Indiana’s Second Chance Law:

1. Filing a Petition:
   • A petition for expungement must be filed in the county where the conviction occurred.
   • The petition should include details about the conviction, completion of sentencing, and compliance with the waiting period.
2. Notice to Prosecutor:
   • The prosecuting attorney is notified of the petition and has the opportunity to contest it.
   • If the prosecutor does not object, the process may proceed without a hearing.
3. Hearing:
   • If the prosecutor contests the petition, a hearing is held where the petitioner must demonstrate eligibility and provide evidence of rehabilitation.
   • The court considers factors such as the nature of the offense, the individual’s behavior since the conviction, and any objections raised by the prosecutor.
4. Court Decision:
   • If the court approves the petition, the records are either sealed or expunged, depending on the nature of the felony.
   • Sealed records are inaccessible to the public but remain available to law enforcement and judicial authorities under certain circumstances.

Important Notes on Expungement

• One-Time Opportunity: Indiana’s expungement law allows individuals to petition for expungement only once in a lifetime. It is crucial to include all eligible convictions in a single petition.
• Law Enforcement Access: Expunged records are not destroyed but are made inaccessible to the general public. Law enforcement and courts may still access these records in limited situations, such as during sentencing for a new offense.
• Non-Discrimination Protections: Employers and other entities are prohibited from discriminating against individuals based on expunged records.

Indiana’s Second Chance Law reflects a commitment to rehabilitation and second chances. For individuals burdened by past felony convictions, expungement offers a meaningful opportunity to rebuild their lives and contribute positively to society. However, navigating the expungement process can be complex, and seeking legal guidance is often beneficial.

If you believe you are eligible for felony expungement in Indiana, consult an experienced attorney to evaluate your case and guide you through the process. Ciyou & Associates, PC have been working on felony expungements for approximately thirty (30) years. With the right support and a qualified attorney, you can take advantage of this valuable legal remedy and move forward toward a brighter future and towards a new chapter that you deserve.