On July 1, 2013, Indiana Code 35-38-9 went into effect. This is commonly known as the expungement law. Since July 1, 2013, I have received dozens of telephone calls from former clients and potential client's wanting to know about the law and how it is applied. This is a very complicated statutewith different procedures that a the Person petitioning for Expungement must follow, depending on whether the case involves:
- An arrest that did not lead to a conviction or juvenile adjudication;
- A conviction for a Misdemeanor (or Class D felony which was reduced to an A Misdemeanor);
- A conviction for a Class D Felony (with certain exceptions);
- More Serious felonies (Class A, B, or C felonies); and
- A Felony involving serious bodily injury (with certain exceptions).
Certain crimes, such as Murder and sex offenses cannot be expunged. However, offenses such as Battery, Theft, Drunk Driving (DUI/OWI), and Drug Possession can be expunged.
This new law repeals the prior law regarding restricting disclosure of criminal records and arrests (Indiana Code 35-38-5-5.5 and Indiana Code 35-38-8).
According to an article in the Fort Wayne Journal Gazette, the law is causing a headache for local Courts. A person petitioning for expungement gets one shot at expungement during his or her lifetime. Which makes it very important that the filing is done correctly and accurately.
If you, a friend, or family member have a criminal conviction and want more information about Indiana's new expungement law, contact Gregory A. Miller, a Fort Wayne Criminal Defense Lawyer, at (260) 833-7249.