In order to begin your Indiana Criminal Record Expungement application, call 317-695-7700. Expungement of your criminal record under the Indiana Second Chance Expungement Law has become much easier in recent years. If you are interested in speaking with an Indianapolis Expungement lawyer about having your criminal record expunged under the Indiana Expungement Law, for a criminal felony, criminal misdemeanor, or DCS case, please contact me at 317-695-7700 for a free consultation with an Indiana expungement attorney or email me at [email protected] If you are emailing me, make sure to include your date of birth and spelling of your name as it appears on mycase.in.gov
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2025 Indiana Expungement Law Proposed Changes
The proposed changes to Indiana’s expungement law aim to make the expungement process more accessible, equitable, and fair for individuals seeking to clear their records. These changes are designed to address some of the existing barriers and streamline the process for petitioners.
Subsequent Petitions: One of the significant amendments is the allowance for petitioners to file a subsequent petition for convictions not included in the original petition under certain circumstances. This means that if an individual has already filed an expungement petition and later realizes that additional convictions need to be expunged, they can file a new petition without having to start the process from scratch.
Fee Waivers: The proposed changes remove the prohibition on fee waivers or reductions for indigent persons. This means that individuals who cannot afford the filing fees for expungement petitions will now have the opportunity to apply for fee waivers, making the process more accessible to those with financial hardships.
Law Enforcement Access: The new law includes proposed provisions that would allow law enforcement agencies to inquire about a job applicant’s expunged records and refuse employment based on those records. This change aims to balance the rights of individuals seeking expungement with the need for law enforcement agencies to conduct thorough background checks.
Automatic Expungement: A recent change eliminates the need for persons arrested or charged with a criminal offense to petition for expungement if there has been no conviction. This means that individuals who were arrested or charged but not convicted will have their records automatically expunged, without the need for a separate petition.
These proposed changes are expected to have a significant impact on individuals seeking to clear their records. By allowing subsequent petitions, individuals will have more flexibility in addressing all their convictions in one go. The removal of fee waivers for indigent persons will make the process more accessible to those who cannot afford the costs associated with filing petitions. The provision allowing law enforcement agencies to inquire about expunged records will ensure that background checks are thorough and comprehensive. Finally, the automatic expungement for individuals who were arrested or charged but not convicted will streamline the process and reduce the burden on petitioners.
The proposed changes are set to take effect in 2025, pending approval from the Indiana General Assembly and the Governor. Once implemented, these changes will provide a more equitable and accessible expungement process for individuals seeking to clear their records.
The proposed changes to Indiana’s expungement law for 2025 represent a significant step towards making the process more accessible and fair for individuals seeking to clear their records. By addressing existing barriers and streamlining the process, these changes aim to provide a more equitable system for all petitioners.
2025 Indiana Expungement Comprehensive Guide
Introduction
Expungement is a legal process that allows individuals to have certain criminal records sealed or erased, providing them with a fresh start. Indiana’s expungement laws have undergone several changes over the years, and 2025 brings significant updates aimed at making the process more accessible and fair. This guide provides a detailed overview of the proposed changes to Indiana’s expungement law for 2025.
Key Changes in the 2025 Indiana Expungement Law
- Expanded Eligibility
- Misdemeanor Convictions: Individuals with misdemeanor convictions that are at least five years old will be eligible for expungement.
- Felony Convictions: Individuals with felony convictions that are at least eight years old will also be eligible.
- Automatic Expungement: Records of arrests that did not result in a conviction will be automatically expunged without the need for a separate petition.
- Mandatory Expungement
- If an individual meets all the eligibility criteria, the expungement will be mandatory. This means that the court will be required to grant the expungement, ensuring eligible individuals can clear their records without unnecessary hurdles.
- Simplified Process
- Streamlined Petition Process: The process for filing a petition will be simplified, making it easier for individuals to navigate the system.
- Clear Guidelines: The new law will provide clear guidelines on eligibility, required documentation, and the steps involved in the expungement process.
- Fee Waivers
- The prohibition on fee waivers or reductions for indigent persons will be removed. Individuals who cannot afford the filing fees for expungement petitions will now have the opportunity to apply for fee waivers, making the process more accessible.
- Law Enforcement Access
- Law enforcement agencies will be allowed to inquire about a job applicant’s expunged records and refuse employment based on those records. This change aims to balance the rights of individuals seeking expungement with the need for thorough background checks.
- Employment Protections
- The new law will include provisions to protect individuals from discrimination based on expunged records, ensuring that they have a fair chance at employment.
Steps to Apply for Expungement in 2025
- Determine Eligibility
- Verify that your conviction falls within the categories eligible for expungement (misdemeanor or felony) and meets the required timeframe (five years for misdemeanors, eight years for felonies).
- Gather Documentation
- Collect all necessary documents, including court records, proof of completed sentences, and any other relevant information.
- File a Petition
- Submit a petition to the court where the conviction occurred. The petition must include all required documentation and any supporting evidence.
- Request a Fee Waiver (if applicable)
- If you cannot afford the filing fees, apply for a fee waiver. Provide proof of indigence and any other required information.
- Attend the Hearing
- If the court schedules a hearing, attend and present your case. Be prepared to answer questions and provide additional information if needed.
- Receive the Court’s Decision
- If the court grants your petition, your records will be expunged. If denied, you may have the option to appeal or refile under certain circumstances.
Impact of Expungement on Employment
The 2025 changes to Indiana’s expungement law aim to provide greater protection for individuals seeking employment:
- Employment Protections: Employers will be prohibited from discriminating against individuals based on expunged records.
- Law Enforcement Access: Law enforcement agencies will be allowed to inquire about expunged records during the hiring process to ensure comprehensive background checks.
Conclusion
The proposed changes to Indiana’s expungement law for 2025 represent a significant step towards making the process more accessible and fair. By addressing existing barriers and streamlining the process, these changes aim to provide a more equitable system for all petitioners. Individuals seeking to clear their records should stay informed about these changes and take advantage of the new opportunities to start fresh.