Posted by Corey L. Scott | May 06, 2010 | 0 Comments

There is hardly a week that goes by that I don't receive at least one or two calls from people wanting to know if they can have an arrest record or criminal conviction expunged (removed) from their record. In most cases, the call comes from someone that was convicted of a crime many years ago, they've changed their lives in a positive way but the old conviction(s) continue to prevent them from getting good jobs, housing, school loans etcetera.

Sadly, on most occasions when I receive such calls, I have to be the bearer of bad news---in Indiana, with few exceptions, criminal convictions remain on your record and follow you to the grave. I know. I know. So what are the exceptions? Glad you asked.

In Indiana, it is possible to have an arrest record (not to be confused with a conviction), expunged if: 1) you were arrested but no criminal charges were ever filed; or 2) you were arrested and criminal charges were filed, but all charges were dropped because of mistaken identity, no offense was actually committed, or an absence of probable cause.

So how does it happen? A petition must be filed with the proper court, once the petition is filed, any law enforcement agency that disagrees has 30 days to file a notice of opposition to prevent the expungement. At this point, the Court can grant or deny the expungement or set the matter for hearing. It is important to note that you cannot have a record of other arrests (except for minor traffic offenses) and you cannot have additional criminal charges pending against you.

Although criminal convictions are not expunged, if more than 15 years has passed since you completed probation, imprisonment or parole, you can petition the Indiana State Police to limit access to your criminal history to law enforcement agencies only, so that apartment complexes, employers and other non-law enforcement agencies cannot access your criminal history.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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