What is an Expungement

In the legal system, an expungement proceeding is essentially a form of a civil lawsuit in which an individual seeks that a past criminal act is sealed from all public records so that the documents cannot be found through either the state or federal registries. This can only be done at the request of the individual. However, in certain circumstances, it may not always be possible for an individual to determine whether their records are expunged or sealed. Because of this, it is helpful to understand the difference between expungement and sealing.

What is Expungement?

Expungement is simply the act of "shifting the burden of proof" associated with a criminal conviction. Essentially, when the individual pleads guilty or no contest to a criminal charge, the prosecutor is required to provide evidence in order for the defendant to be found guilty. If the prosecutor does not have enough evidence to sustain a conviction, the court will then set a period of time during which the individual must wait before their record is cleared. In some cases, the waiting period could even extend to the time after completion of the sentence. Under these circumstances, a criminal conviction on one's record is sealed by the courts, although the actual criminal record remains viewable by the individual who committed the crime.

Indiana Expungement Law

When is my record expunged? An individual may request that their criminal conviction is cleared from their official record either before the end of the period of incarceration as provided by the statute of limitations or immediately after the completion of any sentence provided by the court. Depending on the nature of the crime for which one was convicted, an individual may be able to clear their record at any point up until the actual date of release. If one seeks to have their record expunged, it is important to seek the advice of a licensed attorney who is experienced in these matters.

How much does an expungement cost?

Expungement is not generally covered by any insurance policies provided by a criminal defense lawyer. Therefore, one will need to pay for their own private defense counsel if they wish to have their record expunged. However, most legal defense experts recommend that those who are seeking to have their criminal records sealed should hire an experienced attorney to handle the expunging process.

Expungement Requirements Differ by State

This is general information about the expungement that is not accurate in all states. Please go to your state's page where your criminal record is located. If you have any further questions, you can contact your Indianapolis criminal defense attorney.