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Former Judge and Deputy prosecutor handling OWI, Felony, and Misdemeanor cases throughout Northwest Indiana.
Indiana Criminal Record Expungement
Indiana's Second Chance Law, found at Indiana Code 35-38-9, lets many people seal or expunge old arrests and convictions. A successful expungement can change what shows up on a background check, restore firearm rights in some cases, and remove the legal barriers that an old record creates for housing, employment, and professional licensing. The Law Office of Eduardo Fontanez files expungement petitions throughout Northwest Indiana.
Who qualifies for expungement in Indiana?
Eligibility depends on the type of offense, the time that has passed since the conviction or completion of the sentence, and whether you have any new charges pending. The general waiting periods are:
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Arrests with no conviction: petition can usually be filed one year after the arrest.
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Misdemeanors: five years from the date of conviction.
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Class D and Level 6 felonies (not resulting in serious bodily injury): eight years from conviction.
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More serious felonies: eight to ten years, with prosecutor consent often required.
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Certain offenses, including most sex and violent offenses against a minor and official misconduct, are not eligible.
How the process works
In Indiana, you generally get one shot at expungement in a lifetime, and all eligible convictions in the same county must be petitioned at the same time. That makes it important to identify every eligible case before filing. The firm pulls your full Indiana criminal history, identifies which convictions and arrests qualify, prepares the verified petition, serves the prosecuting attorney, and represents you at any hearing the court schedules.
What expungement does and does not do
Once granted, an expungement order requires the courts, BMV, and law enforcement agencies to mark the record as expunged. Most employers and landlords will no longer see the record on standard background checks, and Indiana law makes it unlawful in most situations to discriminate against someone based on an expunged conviction. Expungement does not destroy the record entirely, and law enforcement and certain licensing bodies can still see it.
Get started
Call (219) 554-0282 for a free phone consultation about whether you qualify for an Indiana expungement.