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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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I would like to clear a misdemeanor from my daughters record

Customer Question

I would like to clear a misdemeanor from my daughters record in Indiana.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to answer your question regarding expunging/sealing your daughter's records. However, before I can properly discuss her options, we must determine her eligibility. This will require additional information from you/your daughter.

1) What was she charged with?

2) What was the disposition of the case (outcome)

3) How old was she at the time of conviction

4) How old is she now?

5) Does she have any other arrests, charges and/or convictions?

These are some of the information an attorney will need before they can discuss the expungement eligibility, and if she is eligible, the process that must be met.

Customer: replied 1 year ago.
1. Shoplifting under $50
2. Pled guilty
3. 19 maybe
4. 31. 5. No other or prior arrests
Customer: replied 1 year ago.
She has a bs in elementary education and background checks go against her.
Customer: replied 1 year ago.
Kohls shopping center theft, pair of jeans
Customer: replied 1 year ago.
Judge was lenient with her. She did community service.
Expert:  Legal-Kal replied 1 year ago.

Ok. Now, what is very important in this case is the actual outcome. I see that your daughter was sentenced to community service.

Do you know if your daughter has an official conviction for the offense, or was she given a deferred prosecution or deferred judgment (that is where the court imposes certain requirements on a defendant and, if the requirements are met, the charges actually get dismissed).

This a very fine distinction that may drastically affect what type, if any, relief your daughter can apply for.

Customer: replied 1 year ago.
I'll have to get back with you on actual closure comments. I know it is still there, as she had to get a background check and lost a job due to that.
Expert:  Legal-Kal replied 1 year ago.

That would be helpful. Would you like to contact me after you obtain that information? Or, if you'd like, I can go over her eligibility under Indiana law based on a worst case scenario of a conviction? Which would you like to do?

Customer: replied 1 year ago.
Let's do worst case scenario
Customer: replied 1 year ago.
Until I find out how it ended
Customer: replied 1 year ago.
My husband went to court with her, and he thinks since it was under 50$ and first time offense a lot was dismissed but charge is still on her record
Expert:  Legal-Kal replied 1 year ago.

Ok, I'll actually go over both options starting with 'worst case scenario' (a conviction). One provides for expungement and the other provides for sealing. Expungement is the better of the two, but sealing may work just as fine for your daughter (since she is trying to get a private sector job).

Expungement is the actual destruction of the arrest records and criminal file. It is as if the case never happened.

Sealing is the way a Court blocks the general public from viewing the arrest record and case information. It is still view able by law enforcement and prosecutors, but the general public (private companies) cannot see the information.

1) If your daughter was convicted (Worst Case Scenario)

If your daughter was convicted, then she still may be able to seal the arrest and criminal convictions making it non-viewable to the general public. A person may file a Petition to Seal in the court that heard the original criminal case. They must wait at least 5 years after the conviction before they are allowed to file the petition. However, in Indiana, a person may file a petition to expunge or seal only once in their lifetime. So, for example, if your daughter was to be arrested or convicted of a crime after obtaining a Seal Order, she will not be able to remove that later arrest/conviction from the records.

If the court orders the conviction records for a misdemeanor expunged, the court’s order will

1. prohibit the department of correction, the bureau of motor vehicles, each law enforcement agency and any other person who incarcerated/provided treatment/services to the petitioner under a court order from releasing the records relating to the petitioner’s conviction without a court order.

2. order the state police department to seal the petitioner’s expunged conviction records contained in the central repository for criminal history information.

3. notify the Clerk of the Supreme Court to seal any records in the Clerk’s possession that relate to the conviction.

4. order the records of the sentencing court, a juvenile court, the Court of Appeals and the Indiana Supreme Court to be permanently sealed. The court records will be sealed and therefore excluded from public access as provided in

5. request the Indiana Supreme Court and Court of Appeals of Indiana to redact the name of the petitioner named as an appellant or appellee in any opinion or memorandum decision and provide a redacted copy to any publisher or organization that publishes this information however the Indiana Supreme Court and Court of Appeals are not required to destroy of any existing copy of an opinion or memorandum decision that includes the petitioner's name.

6. order that the petitioner’s civil rights be restored including the right to vote, to hold public office and to serve as a juror

7. it becomes unlawful discrimination for any person to suspend, expel,refuse to employ, refuse to admit, refuse to grant/renew a license or permit needed to engage in any activity, occupation or profession, or otherwise discriminate against any person because of a conviction or arrest record that has been expunged or sealed.

2) Your Daughter's Case was Dismissed (Best Case Scenario

If your daughter's case was dismissed, then she should qualify for expungement (which is the physical destruction of any records associated with the arrest). Your daughter must wait at least one year after the date of arrest. There is no number limit on how many times you may file for an expungement that resulted in a dismissal. Your daughter would have to file a Petition to Expunge in the same court that heard her theft case.

The same benefits as discussed above with sealing would apply here. The difference is that she can answer "no" to any job application that asks "have you ever been arrested or charged with an offense?" For sealed offenses, if an employer asks "have you ever been arrested or charged with an offense, including sealed offenses?" your daughter would have to answer yes. Only certain employers may ask this question and it is very, very rare. Any background search, even if done by police, would not reveal the arrest and criminal case for the offense.

This is the basic outline of sealing and expunging, as applied to your daughter, in Indiana.

Please let me know if you have any follow up questions based on what I have provided thus far.

Expert:  Legal-Kal replied 1 year ago.

Hello:

It has been a few days since the last post. If you have any follow up questions, please ask and I would be happy to assist. If not, please click "accept" and leave positive feedback as that is the only way I can receive credit for assisting you. Thank you.