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Posted by on May 30, 2014 in Published Articles | 0 comments

A Clean Slate:  Expungement of Criminal Record

A Clean Slate: Expungement of Criminal Record

 

Indiana law permits individuals who have been convicted of certain crimes to expunge their records after a number of years following their convictions.  Eligible crimes can be expunged after a period of time has elapsed, so long as the individual has avoided additional or new criminal problems during that time period.  While expungement is available for those who have been convicted of misdemeanors and other less-serious offenses, the Indiana statute is specific about which convictions are eligible for expungement and which are not.

Generally, for a conviction to be expunged from the record, one must demonstrate by clear and convincing evidence:

(1) the required time period has elapsed;
(2) no charges are then-pending against the person;
(3) the person does not have an existing or pending driver’s license suspension;
(4) the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and
(5) the person has not been convicted of another crime during a requisite time period.

Expunging one’s criminal record can provide a clean slate to individuals who are working to build better lives for themselves and their families, particularly when it comes to creating better opportunities for employment. Under Indiana’s expungement law, past indiscretions that resulted in criminal consequences do not have to be life-long burdens.