Hancock County Expungements

What is an expungement?

Hancock County is located just east of Indianapolis and is well populated county which often times leads to many criminal arrests.  Do you have a criminal case showing up on background checks that is preventing you from obtaining employment, getting housing, or obtaining a firearm.  There are many reasons that an expungement of your old cases are needed.  At Duepner Law we have handled many Hancock County expungements as well as hundred of others all across Indiana. Let Duepner Law help you expunge your Indiana record and get back on your feet.

Learn more about Expungements!

Who Qualifies for an Indiana Expungement?

Not everyone can have their record expunged in Indiana, and not everyone has the same waiting period for an expungement. Persons convicted of Official Conduct, Homicide, Rape, Child Molest, Human and Sexual Trafficking or many Sex Crimes are not eligible for expungement. Those with the less serious convictions, Section 35-38-9-1 offenses, will only have to wait one year for their expungement hearing. Those with the most serious convictions Section 35–38-9-5 offenses, can expect an 8 year wait for their expungement hearing with additional requirements.

How does a Hancock County Expungement Work?

Under the new expungement laws, you are only allowed one chance to clear your name. Can you file the expungement yourself ; yes but Expungement can be both complicated and lengthy, further detailing the importance of having someone experienced.  Attorneys at Duepner Law have expereice in the Hancock County Court system and are familiar with paperwork and process required to complete your expungement effectively.   Once we begin, we will examine your eligibility and the type of conviction you would like expunged. The type of conviction you want expunged will determine the way your record is cleared. Below is a simple explanation of the types of expungement cases that can occur in Boone county and the rest of Indiana.

Expungement Types

Under Indiana law, there are five different categories of expungement each depending on the type of conviction you want expunged. Section 1 has the lightest offenses, ranging to Section 5, which details the heaviest offenses available for expungement.

Section 1: This includes arrest without conviction and is the easiest to expunge.  Arrest records can be just as damaging as a conviction.  Just because your case was dismissed it is still available to the public to view.

  • This requires a one year wait after your arrest.

Section 2 expungement : This includes all misdemeanors.

  • This requires a five year wait after your date of conviction.

Section 3 Expungement : This included Class D Felonies without bodily injury.

  • This requires an eight year wait after your date of conviction.

Section 4 Expungement: This included Felonies without serious bodily injury.

  • This requires an eight year wait after your conviction.

Section 5 Expungement: The last section is reserved for other eligible felonies not specified above.

  • This requires a ten year wait after your conviction and prosecutor consent.

Each section has an increased waiting time before an expungement can be filed. The higher the number the longer the waiting period. Also, the type of conviction you are tying to expunge determines how your record will be sealed. Not all records are permanently wiped from the public. Each section has its own protocol for determining how your record will be sealed. Contact us to determine the length of your Hancock County Expungement.

If you were convicted of a misdemeanor or D felony, your record will be sealed from the public viewing. This means that your records will not be released to the general public unless they have a court order. The Indiana State Police will seal your records in the criminal history database and the Indiana Supreme Court will seal your records within the court system. Your rights will be restored and your record will be hidden from employers. It will be illegal to discriminate against you because of your previous record that you have in HancockCounty or other Indiana areas.

Those convicted of Section 4 or 5 offenses (C felonies and higher) will only have their record cleared in name and not wiped from the system. Your conviction will still show up on criminal databases but it will be clearly marked expunged. Your rights as a citizen will be restored. You will be able to vote, run for office and apply for a handgun license. If you were registered as a sex offender, then you will still be registered as a sex offender, but your record will be marked expunged. Reach out to Duepner Law today for further questions

Expungment under any section will restore your rights as a citizen and it will be illegal to discriminate against you because of your previous record.

Contact us for all of your Hancock County Expungement Needs

If you live in the hancock County Indiana area, contact us soon and we can begin determining your eligibility and clearing your name. We look forward to working with you on all of your Hancock County Expungement needs.