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Expungement Attorneys in Mishawaka Help Restrict Your Record

Limiting public access to records of dropped charges and arrests

Even minor past mistakes can have major consequences for your future — whether you’re looking for a job, applying for credit or applying for anything else that requires a background search. A criminal background check can reveal any past arrest or charge that you once faced. Even if it were a mistake or a trivial offense, it can threaten your good name.

At Griner & Company, Attorneys at Law, we assist clients in having damaging arrest records removed or sealed. We follow all the steps necessary for a successful petition. If you have questions about how to have a charge or arrest expunged, we can help.

What can be expunged in Indiana?

Indiana lets you expunge records of criminal offenses if:

  • You were arrested but no criminal charges were filed against you.
  • Criminal charges were filed but eventually all were dropped for specific reasons of mistaken identity, an absence of probable cause or a determination that no offense occurred.

Criminal charges that were dropped for other reasons do not qualify for expungement. Speak to one of our expungement lawyers to learn more about if your charges are eligible to be erased.

How do I expunge a past charge in Indiana?

To expunge a criminal charge in Indiana, a petition must be filed in the county criminal court where the charge was originally filed. The petition must contain:

  • The date of the arrest
  • The charge
  • The law enforcement agency responsible for the arrest
  • Your Social Security number
  • Identifying information, such as court case number and name of the arresting officer
  • Your date of birth

The petition must be served on the law enforcement agency responsible for the arrest and the state records department in addition to the court responsible for the charge. A court has the option of approving the petition, setting the matter for a hearing, or denying the petition if it is missing information or if it is determined that your charges do not qualify for expungement. Once approved, the court has 30 days to either deliver all records of your charge or destroy them.

Can I expunge records of a prior conviction?

Indiana does not allow records of prior convictions to be expunged, but you can still limit access to them. Under Indiana law, access to criminal records can be restricted to law enforcement agencies if more than 15 years have passed since you were discharged from probation, imprisonment or parole. Potential employers and other people conducting a background check won’t be able to see any records related to the arrest, although police, prosecutors and federal law enforcement agencies will. The process of petitioning for limited access is almost identical to the process for expunging an arrest. One of our criminal defense lawyers can explain more about how to limit access to your records.

Contact us for a free initial consultation on expungements in Indiana

Removing records of arrests or limiting public access to convictions can be important to your job prospects and educational opportunities. At Griner & Company, Attorneys at Law, we help clients clear their records of files that can be expunged. Contact us at 574.213.5300 or online to schedule a free initial consultation on expungements in Indiana.