Attorney Marc Lopez knows how beneficial a criminal expungement can be. Watch as he and his associate, Zac Bailey, highlight the basics of Indiana’s expungement statutes.
Marc Lopez
Can I get my record expunged in Indiana? That’s one of our most frequently asked questions here at the Marc Lopez Law Firm. And to help me answer that question, I’m calling in the expungement master, Mr. Zac Bailey.
Zac Bailey
How’s it going?
Marc Lopez
Here’s the question: Can I get my record expunged in Indiana? What’s your response?
Zac Bailey
The answer is, we’re going to have to check. The longer it’s been since you’ve had any criminal convictions and the less serious your criminal convictions are, the more likely it is that you’re eligible for expungement.
For example, if your most serious conviction is a misdemeanor, we’re looking at five years from the date of that conviction. That’s when we can file to expunge your conviction.
If your most serious conviction is a Class D or Level 6 felony, we’re looking at eight years from your most recent conviction before we can file. So, the longer it’s been and the less serious the offense, the more likely you are to be eligible.
Marc Lopez
Most of the time, these time limits are very straightforward. It’s been five years since I’ve had a misdemeanor conviction; or It’s been eight years since I’ve had a Class D or Level 6 felony conviction.
But let’s say someone got a Class D felony conviction in 2001, followed by a misdemeanor conviction in 2015. It’s now 2021. Are they eligible for expungement?
Zac Bailey
You might think so, but no. Unfortunately, we look at the most serious offense level and the most recent conviction. So the Class D felony conviction gives us an eight-year waiting period from the most recent conviction, which was in 2015. In this example, the person would need to wait until sometime in 2023.
Marc Lopez
This happens a lot. So when people call us ready for an expungement, and then they have to wait longer, there are a few things we can try. Zac, what are some of the strategies we’ve used in this situation?
Zac Bailey
The first thing we’ll try to do is turn that felony conviction into a misdemeanor. In many cases, people are eligible for this, and they don’t even know. It might even be mentioned in their plea, but they’ve never followed up with a petition, so the felony conviction just stays on their record.
When this strategy works, not only does it convert a felony conviction into a misdemeanor, but it also makes the person immediately eligible for an expungement. It’s not available in every case, but it’s always worth a look.
Marc Lopez
Just to be clear—that little workaround Zac just described has been approved by the Indiana Supreme Court. The date of conviction is what we’re measuring from, not the date when the felony was formally converted to a misdemeanor.
So Zac, if somebody has a Class C or Level 5 felony conviction or higher, what’s the best course of action?
Zac Bailey
They should probably give us a call, because at those levels, certain convictions may be ineligible based on the seriousness of the crime. When it comes to which higher level felonies qualify for expungement and which ones don’t, there are long lists on both sides. I’m not going to go through all the possible felony convictions right here, but give us a call, and we can talk you through it.
Marc Lopez
What about fees and fines? Does a person need to be paid up before they can file for expungement?
Zac Bailey
Yes, that’s a part of eligibility. You have to have your entire sentence completed. That includes probation time. If you have any outstanding violations or fees, those need to be resolved and/or paid before we can file for expungement.
Marc Lopez
I want to let everyone know—when an expungement is granted, it’s a legitimately amazing experience. You can feel how happy clients are when this happens. If you have any questions about expungement, give us a call at 317-632-3642, and remember—always plead the 5th!
