INDIANA EXPUNGEMENT LAWYER
Interested In Expunging Your Criminal Record?
Our Indiana Expungement Lawyers can help!
Avnet Law’s Indiana Expungement Lawyers Offer:
Free Expungement Evaluations – An Indiana Expungement Lawyer will discuss your criminal history to determine if you are eligible to expunge your criminal record. Arrests/charges in a case that did not result in any conviction(s) can be expunged one (1) year after the arrest or charges were filed. Misdemeanors can be expunged after five (5) years from the date of conviction. Felonies (non-violent and not sexual in nature) can be expunged after eight (8) years from the date of conviction. All court costs, fines and fees, and restitution must be paid.
Experienced Representation! – Indiana only allows for expungement of convictions once in your lifetime. We will ensure your expungement is properly completed pursuant to the Indiana Expungement Statute. We will gather the required documents to prove your eligibility, draft the Petition(s) and supporting documents for each county, and attend any required hearings to advocate on your behalf.
An Advocate on Your Side - The expungement of all Misdemeanors, Class D Felonies, and Level 6 Felonies is mandatory if you are eligible. Nevertheless, hearings could still be required. However, the expungement of A, B, and C Felonies and Level 1-5 Felonies are discretionary. This means it is up to the judge whether to grant the expungement, even if you are eligible. Often, this means that a hearing and/or argument will be necessary to explain to the judge why your expungement should be granted and to respond to any objections from State of Indiana. We will prepare with you for this hearing to develop and present the strongest evidence and argument to support granting your expungement.
Fair Flat Fees – Instead of charging attorneys’ fees by the hour, at Avnet Law we charge a very reasonable flat fee to accomplish your expungement. Our flat fee includes all the legal work necessary to accomplish your expungement, including obtaining all the requisite evidence, drafting all the documents, and attending all hearings. That way you know up front how much your expungement will cost instead of receiving an unexpected bill!
100% Money Back Guarantee – If we accept your case and are unable to expunge your Misdemeanor, Class D Felony, or Level 6 Felony, we will refund your attorneys’ fee.
EXPERIENCED. KNOWLEDGEABLE. AGGRESSIVE.
OUR FIRM IS ON YOUR SIDE.
Clear Your Name
Having a criminal conviction record prevents many people from obtaining the employment or housing they are seeking. Avnet Law works quickly to obtain your expungement so you can stop worrying about background checks.
Gun Rights Restored
Firearm rights are governed by both federal and Indiana law. If granted, an Indiana expungement can restore your firearm rights under both federal and Indiana law.
Highly Rated
We take pride in our commitment to providing excellent service to our clients. Our high-ratings on Google and other sites reflect our commitment to making frequent communication with our clients a priority, quickly responding to client questions about the status of their case, the law, and court procedure.
Knowledgeable Indiana Expungement Lawyer
Avnet Law understands that when someone is convicted of a crime, the stigma of a conviction can follow them through life creating many roadblocks. In addition to the stigma of being labeled a “convict” or “felon”, finding housing or employment can be very difficult as most landlords and employers these days conduct background checks. Even those convicted of simple misdemeanors in their youth, or in college, are being denied employment and housing because of past convictions. We can help! You need to call an experienced Indiana Expungement Lawyer today at 877-772-8638!
Who is Eligible for Expungement in Indiana?
The Indiana Expungement Statute has several different sections for different types of convictions and for arrests/dismissed charges. You should speak to an experienced Indiana Expungement Lawyer to determine which section(s) may be applicable in your case and whether you are eligible. The five sections of the Indiana Expungement Statute are:
Section 1 – Arrests and Dismissed Charges. This section includes arrests where charges were not filed by the prosecutor. It also includes charges that were filed but were dismissed by the State, either through a pre-trial diversion or just an outright dismissal. Also, this section includes charges where a Defendant was found Not Guilty.
Section 2 – Misdemeanor Convictions. This section includes Class A, B, & C Misdemeanor convictions. This section also includes Class D Felony convictions and Level 6 Felony convictions that were reduced to a Class A Misdemeanor through AMS (Alternative Misdemeanor Sentencing) or a sentence modification. Other exclusions are listed below.
Section 3 – Class D Felony Convictions or Level 6 Felony Convictions. This section includes Class D Felony convictions and all Level 6 Felony convictions. This section does NOT include Class D Felony convictions and Level 6 Felony convictions that were reduced to a Class A Misdemeanor through AMS (Alternative Misdemeanor Sentencing) or a sentence modification. Those would fall under Section 2. Other exclusions are listed below.
Section 4 – Class A, B & C Felony Convictions & Level 1, 2, 3, 4, & 5 Felony Convictions. This section includes Class A, B, & C Felony convictions and Level 1, 2, 3, 4, & 5 Felony convictions and includes most drug and theft convictions that did NOT result in serious bodily injury to another person. This section does NOT include Felony convictions that resulted in serious bodily injury to another person and does NOT apply to an elected official convicted of an offense while serving the official’s term or as a candidate for public office. Other exclusions are listed below.
Section 5 – Other Certain Felony Convictions. This section applies to Class A, B & C Felony convictions and Level 1, 2, 3, 4 & 5 Felony convictions that DID result in serious bodily injury to another person and also applies to an elected official convicted of an offense while serving the official’s term or as a candidate for public office. Other exclusions are listed below.
Eligibility Requirements for Expungement in Indiana:
Here is a quick guide of the eligibility requirements for the different sections of the Indiana Expungement Statute. These are explained further below. You should speak with an experienced Indiana Expungement Lawyer to determine if you are eligible.
| Section | Waiting Period | Lookback Period | Fines, Fees, Court Costs, & Restitution Obligations | Other Requirements |
|---|---|---|---|---|
| Section 1 – Arrests / Dismissed Charges / Not Guilty | 1 Year | None | All paid | No Pending Charges |
| Section 2 – Misdemeanor Convictions | 5 Years | 5 Years | All paid | No Pending Charges |
| Section 3 – Class D and Level 6 Felony Convictions | 8 Years | 8 Years | All paid | No Pending Charges |
| Section 4 – Class A, B, C & Level 1, 2, 3, 4, 5 Felony Convictions | 8 Years | 8 Years | All paid | No Pending Charges |
| Section 5 – Other Certain Felony Convictions | 10 Years | 10 Years | All paid | No Pending Charges, Requires Prosecutor’s Written Consent to Expungement. |
Expungement Exclusions
Not all convictions are eligible to be expunged under the Indiana Expungement Statute. Certain convictions are altogether excluded from expungement. Other convictions are not eligible under certain sections. You should speak to an experienced Indiana Expungement Lawyer to determine if your conviction(s) is eligible under Indiana law. Below is a list of convictions that cannot be expunged under the current Indiana Expungement Law:
Murder
Voluntary Manslaughter
Human Trafficking
Rape
Child Molesting
Child Exploitation
Child Solicitation (IC 35-42-4-6).
Sexual misconduct with a minor (IC 35-42-4-9) as a Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a crime committed after June 30, 2014), unless (B) the person is not more than (i) four (4) years older than the victim if the offense was committed after June 30, 2007; or (ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and (C) the sentencing court finds that the person should not be required to register as a sex offender.
Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
Child seduction (IC 35-42-4-7).
Sexual battery (IC 35-42-4-8).
Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).
Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim’s parent or guardian.
Incest
Promotion of human sexual trafficking under IC 35-42-3.5-1.1.
Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).
Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).
Child sexual trafficking (IC 35-42-3.5-1.3).
Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).
Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim’s parent or guardian.
Other Section-Specific Exclusions:
In addition to the above exclusions, each section has additional convictions that cannot be expunged under that section. However, that conviction may be able to be expunged under a different section.
Here is a quick list of those exclusions. However, you should speak with an experienced Indiana Expungement Lawyer to determine if you are eligible.
| Section: | Other Convictions Excluded from Expungement |
|---|---|
| Section 1 – Arrests / Dismissed Charges / Not Guilty | None |
| Section 2 – Misdemeanor Convictions | (1) A person convicted of two (2) or more felony offenses that:
(A) involved the unlawful use of a deadly weapon; and (B) were not committed as part of the same episode of criminal conduct. |
| Section 3 – Class D and Level 6 Felony Convictions |
(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in bodily injury to another person.
(4) A person convicted of a felony that resulted in death to another person.
(5) A person convicted of perjury (IC 35-44.1-2-1) or official misconduct (IC 35-44.1-1-1).
(6) A person convicted of an offense described in: (A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(7) A person convicted of two (2) or more felony offenses that: (A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
|
| Section 4 – Class A, B, C & Level 1, 2, 3, 4, 5 Felony Convictions |
(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.
(2) A sex or violent offender (as defined in IC 11-8-8-5).
(3) A person convicted of a felony that resulted in serious bodily injury to another person.
(4) A person convicted of a felony that resulted in death to another person.
(4) A person convicted of official misconduct (IC 35-44.1-1-1).
(5) A person convicted of an offense described in: (A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(6) A person convicted of two (2) or more felony offenses that: (A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
|
| Section 5 – Other Certain Felony Convictions |
(1) A sex or violent offender (as defined in IC 11-8-8-5).
(2) A person convicted of official misconduct (IC 35-44.1-1-1).
(3) A person convicted of an offense described in:
(A) IC 35-42-1;
(B) IC 35-42-3.5; or
(C) IC 35-42-4.
(4) A person convicted of two (2) or more felony offenses that: (A) involved the unlawful use of a deadly weapon; and
(B) were not committed as part of the same episode of criminal conduct.
(5) A person convicted of a felony that resulted in death to another person.
|
WE CAN HELP!
At Avnet Law, our Indiana Expungement Lawyers complete expungements in all of Indiana’s 92 counties.
Some Indiana Communities we serve include:
Avon
Bedford
Brownsburg
Frankfort
French Lick
New Albany
New Castle
Plainfield
Portage
Seymour
Shelbyville
Valparaiso
Vincennes
Warsaw
Zionsville
SCHEDULE A FREE CONSULTATION WITH AN INDIANA EXPUNGEMENT LAWYER TODAY!
While we have provided some information regarding Expungements in Indiana on this page for information purposes, this is NOT a substitute for speaking with a qualified Indiana Expungement Lawyer.
Indiana’s expungement law offers those who may have made mistakes in the past one (1) chance only to wipe the slate clean of convictions. Since you only have once chance to expunge your criminal record, it is important you get it done right.
Avnet Law understands the issues, has the experience, and can advise and represent you in obtaining your expungement. We also can advise you regarding other criminal law legal issues. Call 1-877-77-AVNET to Schedule a Free Consultation with an Indiana Expungement Lawyer Today or contact us below with any additional questions you may have expungements in Indiana.