Indiana Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

The Indiana Second Chance Law allows an individual to petition the court for an expungement of criminal records or to seal certain arrests or convictions. If the petition is granted, a person's criminal history is either expunged, sealed, or marked as expunged, depending on the reason a court granted the petition.

The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.

Here are some of the crimes that cannot be expunged in Indiana: Crimes that involve homicide (murder and manslaughter) Multiple convictions for crimes that involve the use of deadly weapons. Crimes that involve sex or violent offenses. Certain misconduct offenses.

Criminal justice agencies like the court, prosecutor, and police will continue to have access to all information. Although it has been nicknamed an "expungement law," Indiana's Second Chance Law only restricts access to criminal records; it does not forever erase or expunge one's criminal history.

Felony Expungement in Indiana Individuals who petition the court to have a Class D / Level 6 felony expunged must have their request granted if eight or more years have passed since their conviction and, during that time, they have had no new criminal convictions.

If you have a felony conviction on your record, you might meet Indiana's eligibility requirements for expungement if: It has been eight years since your most recent conviction or three years since the completion of your sentence (the later of the two) You are not a violent offender or sex offender.

However, the Indiana Legislature recently enacted new law that provides for automatic expungement of certain records. If your case was filed after June 30, 2022, and did not result in a conviction for any reason, you are entitled to expungement 60 days after the date the case was closed.

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Indiana Motion for New Trial for Purpose of Expunging Criminal Record