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Thursday, August 01, 2013

Ind. Law - More on new expungement law and the value of waiting

Here is a long list of earlier ILB entries about expungement.

Adding to this, here is a useful infographic produced by a local law firm.

In addition, the Indiana Senate Democrats' staff has posted this information: "Expungement: What You Need to Know," including:

In order to have the records expunged, you must file a petition to expunge in the county in which the conviction was entered. If you are seeking to expunge multiple convictions in the same county you must do so in the same petition. If you wish to expunge convictions in separate counties you must file a petition in each county in which a conviction was entered.

The law requires payment of a $141 state court civil filing fee and forbids fee waivers for expungement requests. The exception to this is a petition for expungement of arrest records which has no filing fee. If the prosecuting attorney objects to the petition to expunge the court shall hold a hearing on the merits of the petition.

You may only petition for expungement once in your lifetime, so you must seek to have all of your convictions expunged at the same time (or within a 1 year period for convictions in separate counties). If a petition for expungement is denied you must wait 3 years before filing another petition to expunge.

Do I need an attorney to get records expunged?

Due to the complexity of the law and the fact that you may only petition to expunge once in your lifetime, it is highly recommended that you do so with the help of an attorney. The Indiana Division of State Court Administration is working on forms for petitions to expunge records and hopes to have them available on the state court website by mid-August.

Problems:

(1) The forms are not yet available.

(2) Many of the counties have not worked out precisely how the petitions are to be handled.

The law, HEA 1482, went into effect July 1st. Read again this July 18th ILB post.

Posted by Marcia Oddi on August 1, 2013 01:09 PM
Posted to Indiana Courts | Indiana Law