Indiana Expungement Attorney
Duepner Law is a leader in expungement law. We have successfully handled hundreds of cases since the law past just a few years back. We have worked on high level expungements such as armed robbery, burglary, battery resulting in serious bodily injury. Each type of case and county have different procedures that must be followed This is why in our opinion it would be wise to employ good experienced legal counsel to get you through this process. Having completed expungements in nearly 50 Indiana counties, working with different prosecutors and staff, have given us the ability to get even the most complex cases expunged. You can find out more about the expungement law here or give us a call to discuss your case. We will need to know all of your convictions and the year in which you were convicted. Sources to locate records include.
- Indiana State Police
- The court in which you were convicted.
Many people are shocked to hear how affordable it can be to restore your right to own and possess a firearm, your right to vote, your right to serve as a personal representative in an estate and to say on an application for employment that you have not been convicted of the crime in which you had expunged. If you want these rights restored call one of our expungement attorneys today.
Indiana expungement attorney record
Is your criminal record keeping you from getting a job or certain licenses? An experienced Indiana Expungement attorney at Duepner Law may be a be able to help. As of July 1st 2013, the new Expungement law allows for certain Criminal Records to be sealed for ever from public access if all the statutory qualifications are met. If records are ordered to be sealed by the court you can legally disclose on a application that you have never been convicted of a crime. At Duepner Law we have helped numerous people of all backgrounds get a second chance at life under the Indiana expungement law. Felonies, DUI-OWI, Misdemeanors, etc. may all qualify under the new Indiana Expungement Law. The process can be very detail oriented from county to county as well. We have extensive experience in different Indiana Counties and have yet to have one denied. If you would like more information, see below or call Duepner Law today and speak directly to an Indiana expungement attorney. Don’t wait, many Indiana Prosecutors, Judges and Legislators are strongly against this law and their is a movement to eliminate it all together.
SEE IF YOUR EXPUNGEMENT CASE QUALIFIES; HAVE AN ANSWER FROM AN INDIANA EXPUNGEMENT ATTORNEY PERSONALLY IN 24 HOURS:
WHAT EXPUNGEMENT CASES WILL QUALIFY FOR EXPUNGEMENT IN INDIANA?
All misdemeanors and most Felonies will qualify for an Indiana expungement if requirements are met. Certain high level crimes such as homicide, crimes with serious bodily injury, and sex related offenses may not qualify at all or with consent from the prosecuting attorney. The manner in which they are expunged can vary as well. Contact Duepner Law today to find out your criminal history qualifies under the Expungement Law.
WHAT RECORDS WILL BE SEALED WITH A GRANTED INDIANA EXPUNGEMENT ORDER?
- Court’s Files,
- Files of the Department of Corrections,
- Files of The Bureau of Motor Vehicles,
- Files of any other person who provided treatment to the person under court order, such as police agencies, jails, or prisons.
- The Central Repository for Criminal History Information maintained by the State Police that relate to the person’s arrest.
See how Duepner Law LLC can also help remove your criminal record from over 500 private background check databases!!!!
The effect of how the records are expunged depends on the level of the crime. An experienced Indiana Expungement attorney at Duepner Law will be able to explain how each of your cases will be sealed.
HAVE YOU BEEN ARRESTED BUT NOT CONVICTED. WAS YOUR CASE DISMISSED?
Your arrest record is public record and is still searchable by everyone and can be just as damaging to employment as a conviction. Good news is, Arrests can be sealed as well. Arrest sealing is a less expensive and simpler processes than conviction expungements . Qualifications of arrest records are minimal but are different from Expungement of Convictions and a separate petition must be filed for each arrest. Petitioner must wait 1 year from the date of arrest before filing. There is no filing fee associated with the Arrest Record Expungement Petition. An Indiana Expungement attorney at Duepner Law can assist you with this process.
ELIGIBLE TIME FRAME FOR EXPUNGEMENT IN INDIANA?
For most felony expungements, the petitioner must wait 8 years from the conviction date. Misdemeanor expungements are 5 years from conviction date. Some felonies such as sex crimes and serious felonies with bodily injury cannot be expunged or may require consent from the Prosecuting authority after 10 years. Expungements of convictions in the same county can be put in the same petition and filed with appropriate court. You only get one chance in life to expunge and if denied you cannot refile the cases that were previously submitted for three years. All convictions must be filed within 1 year from the original petition for expungement or else you lose this ability forever. Do not lose your ability to expunge your Indiana criminal record. Arrests that did not lead to a conviction are filed separately and do not have the same time limits as conviction petitions.
UNSEALING AND ACCESS OF EXPUNGED RECORDS IN INDIANA.
Criminal Records can be unsealed for certain reasons and are still visible to law enforcement. They can still be accessed by a prosecuting attorney in a criminal proceeding by petitioning the court to unseal. Contact an Indiana expungement attorney for details.
HOW LONG UNTIL BACKGROUND CHECK RECORDS ARE UPDATED ONCE AN INDIANA EXPUNGEMENT IS GRANTED?
If your Record is ordered sealed by a judge, it typically takes 30-60 days for agencies to update their records upon receiving the signed order. Keeping a copy of the order is always a wise decision. Duepner Law always resends a duplicate order to the respective agencies to insure the process is underway. Don’t wait until you lose you job to start the expungement process.
WILL MY GUN RIGHTS BE RESTORED? AS OF NOW YES!!
Restore your firearms rights!!!!. Indiana Law and federal law have once again crossed paths. The original Indiana expungement law I.C. 38-35-9, when passed allowed for the restoration of firearms rights. As many may know the US department of Justice was denying applications and stated that an Indiana Expungement did not restore a petitioner to the “Proper Person “ status under Federal law. Well, Indiana went back to the drawing board and made amendments to the law in July 2015 in attempts to rectify this issue. As of Oct. 28th 2015, the US department of Justice reversed its prior decision in an opinion letter sent to the Indiana State Police. As of now it appears that a granted Indiana Expungement will restore your firearms rights. To learn about the process Contact Duepner Law LLC to find out more.
HOW LONG WILL AN INDIANA EXPUNGEMENT TAKE?
From the time of filing, the Prosecutor has 30 days to object to the expungement petition and notify all victims. If the prosecutor doesn’t object and notifies the judge, an order could be granted immediately. However this is not always the case. Sometimes the Prosecutor has statutory grounds to object or maybe just objects because the level of felony is in a class that allows for judge discretion. If there is an objection, the case will be set for hearing probably with the next 30 days. Estimated time from experience from start to finish is 1-4 months. Indiana Counties vary. Marion County has typically taken the longest. Don’t wait, there is strong movement in opposition of the Expungement law and its repeal could happen as early as next year.
WILL MY EXPUNGEMENT REMOVE MY RECORD FROM ALL BACKGROUND CHECK COMPANIES.
The answer is complicated. Once your order is granted by a judge it will be mailed to all governmental databases such as the Courts record system such as mycase.in.gov, Doxpop LLC, Indiana Court of Appeals, Indiana Supreme Court, Indiana Dept of Corrections, the arresting agency, Indiana Bureau of Motor Vehicles and the Indiana State Police. Most agencies use one of the above mentioned systems to pull records. There is an unknown number of private companies that store criminal records as well. In addition to Expungement, Duepner Law LLC has found a process to reach out to over 500 of these companies to advise them of the updated expunged record.
Indiana Expungement Statute I.C. 35-38-9
Joe Duepner is an experienced Indiana Expungement attorney. Fill out our online form about your case or call today for a free evaluation. Duepner Law has successfully handled numerous Indiana Expungement cases in many Counties including, Boone County, Hamilton County, Lake County, Marion County, Madison County, Daviess County, Monroe County, Morgan County, Montgomery County, Delaware County, Grant County, Hendricks County, Howard County, Hancock County , Kosciusko County, Green County, White County, Elkhart County, St. Joseph County, Wayne County, Franklin County, Shelby County, Tipton County, Johnson County, Owen County, Cass County, Harrison County, Vigo County, Vanderburgh County.