Legal Articles

We know that people make mistakes but we don’t think that those mistakes should haunt you forever. Thankfully, the state of Indiana offers many criminal record clearing options.

This type of expungement allows an individual to clear their arrest record. If you have been arrested in the state of Indiana and no charges were filed, you may be eligible for expungement. This option is also available to those you have been arrested and charges were filed but then dropped due to lack of probable cause or it was found that no actual offense was committed

One is eligible for this type of expungement if you have been convicted of a crime and you have satisfied the state-mandated waiting period with no new convictions during that time.

• Misdemeanor conviction: waiting period is 5 years before you are eligible for this type of expungement.
• Felony (that did not result in serious bodily injury) conviction: waiting period is 8 years before you are eligible for this type of expungement.

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Getting an expungement in Indiana will allow you to regain your firearms rights which you were stripped of when convicted. Even if you are not yet eligible for an expungement, you may be eligible to get your gun rights restored. However, keep in mind that the Judge can use his/her discretion in granting this request. Some determining factors that may influence the Judge’s decision would be as follows; have you been subject to a restraining order, how extensive your criminal history is, and have you completed any rehabilitation programs.

The state of Indiana allows for residents the opportunity to reduce their class D felony to a class A misdemeanor. There are restrictions to this option and they are as follows:

• One must not be a registered sex offender
• 3 years must have passed since you have completed your sentence
• You must be free of any felony convictions since completing your sentence
• Your offense must NOT have resulted in bodily injury
• Conviction cannot before perjury or official misconduct

LET’S DISCUSS YOUR CASE

Call our office today to determine your eligibility! We offer a free consultation and we can answer any questions you may have regarding your case.

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