What is DUI expungement, and is it possible in Indiana?DUI expungement is the process of having a DUI conviction removed from your criminal record. In Indiana, DUI convictions are eligible for expungement 10 years after the completion of your sentence, including all fines, fees, probation, and community service. However, it is important to note that there are certain situations in which DUI convictions can never be expunged in Indiana.
What are the eligibility criteria for DUI expungement in Indiana?In Indiana, there are several eligibility requirements for DUI expungement. Generally, you must have successfully completed all court-ordered probation requirements for the DUI conviction, including any mandatory community service or substance abuse counseling. If the DUI conviction occurred before July 1, 2014, the offense must have occurred at least five years ago and you must have no subsequent convictions. If the DUI occurred after this date, the offense must have occurred at least eight years ago and you must have no subsequent convictions. Additionally, if the DUI resulted in a loss of driving privileges, those privileges must have been restored for a minimum of six months.
Is there a waiting period before someone can apply for DUI expungement in Indiana?Yes. Eligible individuals must wait a minimum of five (5) years after the completion of their sentence for a DUI before they can apply for expungement in Indiana.
What types of DUI convictions may be eligible for expungement in Indiana?In Indiana, first-time non-aggravated (Class C) misdemeanor DUI convictions may be eligible for expungement. Aggravated offenses, subsequent offenses, and felony convictions are not eligible.
Are there specific conditions or rehabilitation programs required for expungement eligibility in Indiana?Yes, in order for a conviction to be eligible for expungement in Indiana, the individual must have fulfilled certain conditions or rehabilitation programs. These conditions can include the successful completion of a probation period, completion of a substance abuse treatment program, or participation in community service or victim restitution activities. Additionally, the individual must not have been convicted of any other crime since the time of the original conviction.
How does someone initiate the DUI expungement process in Indiana?The person must first obtain a copy of their driving record from the Indiana Bureau of Motor Vehicles and a copy of their criminal history from the Indiana State Police. They then need to complete an Expungement Petition Form and submit it to the court in the county where the DUI conviction occurred. Following the court’s instructions, they will need to submit the necessary paperwork and pay any applicable filing fees. Once the court has approved the petition, they will be required to notify all of the appropriate agencies listed on the form that they are seeking an expungement. These agencies will then review the petition and may be required to issue a written response or order granting or denying the petition. If granted, the court will issue an Order of Expungement which must then be served on all relevant parties to complete the process.
What documentation or evidence is needed when applying for expungement in Indiana?When applying for expungement in Indiana, applicants must provide documentation to support their claim that they are eligible for expungement. Depending on the type of expungement sought, the required documentation may vary. Generally, applicants must provide proof of their identity, the case number associated with the conviction they wish to have expunged, and the disposition of the case. In some cases, applicants may need to submit additional documentation, such as police reports or court records.
Are there fees associated with filing for DUI expungement in Indiana?Yes, there are fees associated with filing for DUI expungement in Indiana. The filing fee for a DUI expungement in Indiana is $50, however this fee can vary depending on the county. Other costs may include court costs, attorney fees, and costs associated with obtaining necessary documents and records.
Can individuals with multiple DUI convictions apply for expungement in Indiana?No, individuals with multiple DUI convictions are not eligible for expungement in Indiana. Indiana law only allows for expungement of certain criminal offenses, and DUI is not one of them.
Does expungement result in the complete removal of the DUI record, or is it sealed in Indiana?In Indiana, expungement does not completely remove the DUI record. It is sealed and kept confidential, but can still be accessed by some government and law enforcement entities.
How do employers, landlords, and background check companies view expunged DUI records in Indiana?Expunged DUI records in Indiana are not visible to employers, landlords, or background check companies in most cases. Indiana law states that under certain conditions, a DUI offense may be expunged from a person’s criminal record. Once the offense is expunged, it is treated as if it never happened and must not be reported or used for any purposes, including background checks. As such, employers, landlords, and background check companies will not be able to view an expunged DUI record.
Is there a difference between expungement and setting aside a DUI conviction in Indiana?Yes, there is a difference between expungement and setting aside a DUI conviction in Indiana. Expungement is the process of sealing or destroying records related to the arrest, charge, or conviction of a crime, making the records inaccessible to the public. Setting aside a DUI conviction in Indiana involves filing a petition with the court requesting that the conviction be set aside. The court may then grant the petition, resulting in the conviction being erased from the person’s criminal record.
Can expunged DUI records be used against an individual in future DUI cases in Indiana?No. Expunged DUI records cannot be used against an individual in future DUI cases in Indiana. According to Indiana Code 34-28-7-1, expungement seals all official records of an arrest, court proceedings, and criminal history relating to a charge. This means that the records are not accessible to anyone, including law enforcement and prosecutors.
Do expunged DUI records affect professional licensing or certifications in Indiana?Expunged DUI records may not appear during a background check for professional licensing or certifications in Indiana, however, the Indiana Professional Licensing Agency will still consider them as part of their determination of whether or not to grant a license or certification.
Are there any restrictions on firearm ownership after DUI expungement in Indiana?No, there are no restrictions on firearm ownership after DUI expungement in Indiana. However, all individuals must still adhere to all applicable state and federal firearms laws.
Is there a waiting period for expungement to take effect after approval in Indiana?Yes, there is a waiting period for an expungement to take effect after approval in Indiana. The waiting period is typically 30-90 days after the petition is approved before the expungement takes effect. This waiting period allows for local law enforcement to be notified of the order and for the official records to be updated.
What role does the court or prosecutor play in the DUI expungement process in Indiana?The court and prosecutor play an important role in the DUI expungement process in Indiana. The court will be responsible for granting the expungement order, and the prosecutor will be responsible for ensuring that all requirements are met before submitting the petition to the court. The prosecutor will review the petition for accuracy and completeness and determine if it meets the criteria necessary for expungement. If so, the prosecutor will submit it to the court for consideration.
Are there resources or organizations that provide guidance on DUI expungement in Indiana?Yes, there are several resources and organizations that provide guidance on DUI expungement in Indiana. The Indiana Public Defender Council offers a guide to expunging a DUI charge in Indiana, which can be found here: https://www.in.gov/ipdc/files/ExpungementGuide.pdf
The Indiana Supreme Court also provides information and resources on expungement on their website, which can be found here: https://www.in.gov/judiciary/selfservice/2380.htm
Finally, the Indiana State Bar Association has information and resources on expungement, which can be found here: https://www.inbar.org/publications/expungements#expungements