Categories: Criminal law

When is The Right Time to Petition For Criminal Record Expungement?

Now that you are aware there is an option for expunging or sealing arrest records, you might be eager to get started. But before you do, you must first determine if you are eligible yet. Continue reading to learn whether or not right now is a good time to petition for expungement, as well as, how to get started on your application.

Timing is Key

There are various factors that influence a defendant’s eligibility for expungement because there are several requirements and restrictions set by the state. One of the central elements to being eligible is the amount of time that has passed since your last arrest or conviction. These time limitations and similar prerequisites vary from state to state, so it is important to discuss your eligibility with a licensed criminal defense lawyer who is well-versed in the new laws and procedures.

Should You Start a Petition?

If you are currently on probation or parole, or have pending criminal charges against you, now is not the time to start your petition. However, if you are more interested in expunging criminal records from a long time ago, you may still have a chance. Again, you must consult a seasoned criminal defense lawyer for assistance in determining your eligibility status.

Aside from time and current criminal charges, another important factor is the type of criminal records you wish to expunge or seal. There are two types of individuals that can petition for criminal record expungement: those who have been convicted of a misdemeanor or violation (or a series of them) arising from a single incident, and those who have been charged with a criminal offense but was 1) found not guilty, 2) charges were dismissed with prejudice, but not in exchange for a guilty plea or plea bargain.

Choosing a Lawyer

The petition process is so complex and rigorous, it is strongly encouraged to hire a lawyer or legal service to assist you with the process. One of the rules to expunging a criminal record is that a person can only file ONCE IN A LIFETIME. If a spelling error or similar minor mistake is made during the filing process, it could revoke your chance to expunge your criminal record, forever. A lawyer will help you with every aspect of filing, paperwork, deadlines, and more, and ensure your petition is managed correctly.

Call Attorney David E. Lewis at 317-636-7514 to learn your eligibility for criminal record expungement in Indiana . Their services start as low as $850, so you can afford to clean up your record! Call 317-636-7514 to schedule a consultation, today.

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