Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
Unfortunately, Indiana's expungement laws are very restrictive and it may be that you aren't even eligible to get an expungement or even a restricted access order.
Generally, Indiana's expungement statute only allows an expungement for someone who was arrested, but not charged with a crime. Since you were convicted of a felony, an expungement would not help you.
However, a new Indiana law took effect in 2011, which allows a person to petition a court to restrict access to a person's criminal record. The new is not an expungement, but if a court orders a person's records to be restricted under this law, the person may legally state on an application for employment that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.
Under the new law, if you were convicted of a Class D felony that did not result in injury to a person, you would be eligible 8 years after they have completed all obligations of their sentence.
If you were convicted of any other type of felony, you would not be eligible.
If you are eligible (once your 8 years is up), the best way to find an attorney is to contact your state bar association and ask for help locating an attorney in your area that will work pro bono or at a reduced rate.
So I need to get a lawyer is what you're saying. If so I need one who is inexpensive. I can't get a job and I get an apartment. I've included the letter I wrote. What can I do to improve it? I've already waited 5 years, I cant wait 3 more years. I'm desperate. What can I do???????
Dear The Honorable Kevin xxxx:
I am writing to ask for your assistance. I was in your court September 2008 (cause number: xxxxxxxx). I was charged with a class D felony for possession of a controlled substance. I’m writing you to see if I can get my felony reduced. I have gone straight since being in your court.
I admit I made a major mistake. This happened only months after father, whom I was close with, passed away suddenly. After he passed away, I got mixed up with the wrong people who I thought were my friends. I no longer associate with those people. While on probation, I obtained therapy to deal with my father’s passing correctly. I went to school and obtained two degrees in Graphic Design, and took some Web Design classes as well. While in school, I was on the Dean’s List every semester. Also I graduated with honors and became a member of xxxx Txxx xxx. I volunteered with Planned Pethood’s assisting with the cats and adoptions. Lastly, I have been exercising 6 hours a week at the YMCA for 4 years now. I keep myself busy, off welfare, and always learning.
I am having a very difficult time obtaining a job and moving into an apartment due to the class D felony on my record. I truly do want to work. Graphic Design and Photography are my passion, yet due to my class D felony I cannot find anyone to hire me. The same is true about renting an apartment. All apartments in Michigan do background checks and I did not get approved for an apartment due to the felony. Is there a way we can reduce the sentence so that I can obtain a job and an apartment? I am ready to move forward with my life and start fresh. Only you can assist me.
Hi - thanks for the additional information.
Unfortunately, there is NO way around the 8 year waiting period before being eligible for an order restricting the access to your record of this offense. An expungement/restriction just isn't possible under Indiana law until the waiting period expires.
The only other possibility is to seek a pardon from the governor. Here's a link to the packet/instructions for your state: http://www.in.gov/idoc/files/pardonpacket.pdf
Other than applying for a pardon, the only thing you can do is wait this out for 3 more years and then consult an attorney for help with the petition to restrict access to your record.
The Indiana Bar Association can help you find an attorney in your area that can assist for free or at a reduced rate.
So how am I going to get a job in graphic design??? EVERYONE is doing background check. Basically I'm f**ked for the next 3 years. I can't wait 3 more years!!!!!!! Also when I get evicted out of my dad's house, how am I supposed to get a place to live??? You really have been no help at all. I'm back at square one. What if I got a lawyer? Could they help, because you're not???
I can't help what the law is, so please don't shoot the messenger!! All I'm doing is telling you how the law applies to your situation.
If you hire an attorney locally, he/she will tell you the same thing, unfortunately.
Again, a pardon is the only real option you have except for waiting out the time until you'd be eligible.
I know this is not what you wanted to hear, but I can't help what the law is, and I hope that you can understand that.
You still have been no help. You didnt even read that letter i wrote to see if that will help.
How do i get a job???
I already went to 2 colleges. I have 2 degress. God have u been no help. I cant wait 3 more years. Forget the job, what about moving?? How can I rent an apartment when they do background checks???
I wanna speak to someone else.
I want to speak to another person please.
I have PTSD that is where the negativity comes from. That and I'm desperate for help! Can anyone help me?
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