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Am I Eligible For Expungement?

Am I Eligible For Expungement?

Are you struggling with a prior criminal conviction? This isn’t uncommon. In fact, many people who have been found guilty of a misdemeanor or felony in the past often suffer from the effects for years or even decades after their sentence has been completed. If you’re finding it difficult to obtain work, get a loan, or even find a place to live, you may be able to greatly benefit from the expungement process. Expungement is the process of hiding a criminal record from public view and making it as though the offense never happened. When an offense has been expunged, it will no longer appear on criminal background checks, and you can truthfully say you have never been convicted of the expunged offense.

The good news for Indiana residents is that back in 2013, state lawmakers opened up the requirements for expungement qualification to more people than ever before. This means that the chances are fairly good that you may actually qualify for expungement if you’ve only been convicted of one crime and a substantial amount of time has passed since your conviction.

Here are some basic terms for expungement qualification:

  • The crime you committed was not a violent felony, such as rape, murder, vehicular manslaughter, or another crime that resulted in serious injury or harm to another
  • The proper amount of time has passed since your conviction (five years for misdemeanors, eight to ten years for felonies, depending on the charge)
  • You may not have had a different conviction expunged previously (expungement can only be granted one time, though you can expunge multiple charges with one petition)
  • You must not have gotten into any further legal trouble between the date of your conviction and your petitioning of the court

While you may fit this description and qualify for expungement, you are not guaranteed that your expungement will be granted. You will have to petition the court and plead your case before a judge as to why you have continued to suffer from consequences of your conviction, why expunging your charges is beneficial for society as a whole, and that you are not a risk for repeating your crime or committing any others in the future. It’s strongly advised you contact a Fort Wayne criminal defense attorney for help with this petition, as they can represent you and plead your case in a strong and impactful manner to give you the best possible chance of a positive and successful outcome.

Want to know more about the expungement process and find out if you qualify? Contact Arnold Terrill, P.C. today at 888-912-7220 to request a case evaluation!
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