A drug charge on your record can affect many areas of your life, from getting a job to securing housing. Fortunately, Indiana allows you to expunge certain drug charges, meaning you can clear your record in some situations.
This process gives people a second chance to move forward without the full burden of a criminal past. Understanding the expungement process is important if you want to take advantage of this opportunity.
The qualifications for expungement
In Indiana, not every drug charge qualifies for expungement. The type of charge and the amount of time that has passed since the conviction affect your eligibility. For example, if a court convicted you of a misdemeanor drug charge or a Level 6 felony, you may qualify for expungement after five years. However, if the felony involved serious bodily injury, you cannot apply.
You must also complete your sentence, including probation, and pay any fines or court fees before you file for expungement. Additionally, you cannot have any new convictions on your record since your drug charge. The court also expects you to follow the law and stay out of trouble after your conviction. Therefore, you may need to be vigilant in fighting any later charges.
Steps to file for an expungement
To start the expungement process, you must file a petition with the court in the county where you received the conviction. Gather all necessary documents, including your conviction records, proof that you completed your sentence, and any other requirements.
After you file your petition, the court will review your case to determine if you qualify. The judge may require you to attend a hearing and then decide whether to grant your expungement. If the judge approves it, they will seal the records relating to your drug charge, preventing the public from accessing them.
A drug conviction doesn’t necessarily have to hold you or a loved one back in life indefinitely. Expungement can offer a fresh start and help you overcome the obstacles that come with having a criminal record.
