Understanding the Criminal Justice System
Expungement is a process by which a court approves restricting access to information about a conviction from essentially everybody except law enforcement. It allows you to have a “second chance” at a clean record when you are asked about prior convictions in connection with things like employment, housing, school applications, and the like.
Not every type of conviction is eligible for expungement. In connection with domestic abuse cases, generally, only misdemeanor convictions have the potential to be eligible for expungement. One reason for that is that the definition of “Domestic or family violence” in Indiana is quite broad. It includes both attempts to cause physical harm and actually causing a range of different types of physical harm to another family or household member. It also includes using force or threats of force to cause a family member to engage in sexual activity. So, a domestic violence conviction can relate to a wide range of conduct.
Depending on your domestic violence conviction, you may or may not be eligible to have your case expunged. Indiana’s expungement laws specifically state that a number of felony convictions are not eligible for expungement. These include convictions involving serious bodily injury to another person; convictions that require the defendant to register as a sex or violent offender; convictions of actual or attempted sex crimes; and two separate felony convictions involving the unlawful use of a deadly weapon.
On top of this, there is a waiting period before you can apply for expungement. For misdemeanor convictions, it is 5 years from the date of the conviction; for felonies, it is longer, depending on how serious the felony was. In some cases, it may be possible to file a petition sooner than that, but only with the consent of the prosecutor.
It can be complicated to determine if you are eligible to have your domestic violence conviction expunged. It can also be challenging to file the petition to expunge your criminal conviction records. At Razumich & Associates, we understand Indiana’s expungement statutes and how they may relate to a wide range of criminal convictions, including those that are related to domestic violence. Our attorneys can work with you to review the case you would like expunged and can determine whether it is eligible for expungement.
If it is, we will work with you to prepare and file the petition to expunge your conviction records, and we will be prepared to vigorously argue in favor of the court granting the petition. To learn more about how Razumich & Associates can help you with expungement questions, contact us at 317-983-5333, or fill out our contact form, and we will schedule a consultation.
