ARE YOU ELIGIBLE FOR A “SECOND CHANCE”? Are you or someone you care about hampered by mistakes made earlier that continue to haunt or impede a desire to move forward? Maybe an old D.U.I (Driving Under the Influence) or O.W.I. (Operating Under the Influence) conviction, or even a serious violent felony conviction. Indiana recently enacted a so-called “second chance” law that might provide a way for previous criminal arrests and/or convictions to be “expunged” from your records. In most cases eligible for this relief, the record is not technically “expunged” but rather access to the record is restricted or sealed from the general public. For example, employers under this new law may now only ask whether you have been arrested or convicted of a crime “that has not been expunged.”
THERE ARE MANY EXCEPTIONS AND HURDLES. The law has exceptions and waiting periods built in, but under the right circumstances, even serious felonies can be sealed and access restricted. Arrests not resulting in convictions might be subject to expungement and sealing after one year from the date of the arrest. The waiting times for expungement of convictions range from five (5) years from the date of conviction of a misdemeanor (or a level 6 felony reduced to a misdemeanor), to eight (8) years after competing your sentence and all obligations under your sentence for nonviolent felonies, to ten (10) years from the date of conviction of serious felonies (or not sooner than five years from the date of completion of the sentence). Convictions for homicides, human trafficking and sex offense are not included among those than can be expunged. The law involves filing such requests with the courts and service upon the prosecuting attorney within the jurisdiction. Detailed listing of one’s entire arrest and conviction records is required, including the records documenting release from the criminal court’s and department of correction’s jurisdiction.
LEGAL COUNSEL NOT REQUIRED . . . HOWEVER . . . Due to the many exceptions and very detailed procedural and evidentiary hurdles, navigating this process without the assistance of legal counsel might prove frustrating and futile. Keep in mind that the restoration of most civil rights and removal of bars to employment are the payoff for the successful petitioners. One should also be mindful that a renewed right for convicted felons to also obtain approval for hand gun ownership and possession is not assured under the Indiana state law, since such approvals and licenses are also impacted by federal law and agencies which are not bound by the Indiana statute.
CALL FOR FREE CONSULTATION. If you have a prior criminal arrest and/or conviction, whether felony or misdemeanor, call for a free half hour consultation to see whether you might qualify for the expungement or sealing of those records under this Indiana law. If you prefer, we will visit your place of business or home for a free half hour consultation for the same purpose. When you call, you will need the following information in order to receive a preliminary opinion of your eligibility for relief:
- Date(s) of arrest, conviction and release;
- Date(s) of release from probation/parole documents; and
- Subsequent arrest records
Prior to actually filing for your relief, we will need documentation of the above as well as documentation of the date of your arrest, conviction and release, copies of your arresting documents (probable cause affidavit, arrest record), court Judgment (conviction or dismissal), and release from probation/parole documents. You will learn something in the process, whether you retain us or not. Please remember that making this preliminary contact will not in itself create an attorney client relationship although anything you discuss or share during that call or visit will be treated as and remain confidential. See Attached Flyer