It can be difficult going through life with a drug charge lingering from your past. No matter how you got it, the conviction is now part of your permanent record and can hurt your future. Fortunately, the expanded Second Chance law in Indiana has made it possible for certain misdemeanor and felony drug offenses to be expunged.
Expungement is the restriction of a criminal conviction or arrest from state or federal records. It can give you a chance to apply for work, get a loan or secure housing without your past affecting the outcome. Understanding how you qualify for drug crime expungement can help you prepare for the complex legal process ahead.
Expungement conditions for misdemeanor convictions
In Indiana, many simple possession and misdemeanor drug charges qualify for expungement. If you have such an offense on your record, you may have it restricted from public view by meeting the following criteria:
- It has been at least five years from the date of your conviction.
- You have had no further convictions during that five-year period.
- All necessary fines, fees and restitution have been paid in full.
- You have finished serving all terms of your sentence.
While these requirements also apply to some felony drug charges, higher-level offenses follow different guidelines for expungement.
Expungement requirements for felony offenses
After an eight-year waiting period, some nonviolent drug felonies may be expunged in Indiana. Additionally, you cannot have other convictions within that timeframe or any currently pending criminal charges. You must also settle all fines, court costs and other related expenses. While many felony drug charges are eligible for expungement, this is not available for anyone convicted of violent and sexual crimes.
The expungement process
After filing a petition in your local court, your next step is to compile the necessary documents to build a strong case. Including conviction records and proof that you completed your sentence serves as vital evidence to prove your eligibility.
Once your petition is filed, the court will then review the case. In some instances, a judge may require a hearing before making a final decision on your expungement. Because these steps are time-sensitive, seeking legal guidance can help the application process go smoothly.
A second chance for a fresh start
Your past does not have to define you, especially when a previous mistake limits your opportunities. Considering expungement can give you a chance to move forward without the full burden of a criminal record.
