Expungement forms for a new Indiana law have circulated, which suggest a format to file a petition for expunging criminal records. Beware! Forms can be dangerous and failure to comply with Indiana Code may result in your petition being denied.
Forms can be a useful way to assemble information. However, they can also lead the unwary to a false security that correctly completing a form means that they have complied with the law. A petition for expungement must comply with Indiana Code, not any particular form.
Unlike many other pleadings, a petition for expungement must include actual evidence that the petitioner has successfully completed all terms of the sentence previously imposed, including: (A) payment of restitution, fines, and court costs; and (B) completion of any terms of probation, parole, or community corrections. The expungement statute also sets forth specific filing requirements for when a person has convictions in different courts within the same county or multiple convictions in different counties. A court may deny a petition that does not meet the technical requirements without a hearing.
The benefits of sealing or expunging your criminal records are numerous and can be life-changing. A clear criminal history can lead to a better job, increased pay, and the restoration of civil rights. You only get one chance to file a petition for expungement and errors come with severe consequences. If you are seeking a second chance, get legal advice from an experienced Indiana attorney. Third chances are hard to come by.
