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Expungements and Independent background checks Other Criminal Procedure

Discussion in 'Criminal Records, Expungement' started by wangelidis, Dec 6, 2013.

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  1. wangelidis

    wangelidis Law Topic Starter New Member

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    In Indiana, would criminal history appear on an Internet check as opposed to a state government check?
     
  2. Proserpina

    Proserpina Moderator

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    It depends on where you look, obviously.
     
  3. wangelidis

    wangelidis Law Topic Starter New Member

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    I should have added the charges where expunged 30 days ago.
     
  4. army judge

    army judge Super Moderator

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    Expungment does not eliminate the arrest record, the mugshots, or the fingerprints that were collected and sent to the FBI.
    Yeah, yeah, yeah, they say it does; but do they really mean it?
    Its like the internet, if it got posted, it was deleted, someone can recover it.
    Look at what forensic examiners do to deleted files on computers, even after disks have been reformatted.
    In some cases, the conviction (and the arrest are sealed by the court at the state/local level), but such a decision has NO effect of impact on Uncle Sam.
    Bottom line, in MOST cases, what you've done can still be seen.
    An expungment isn't a pardon.
    You should discuss this with your lawyer, if you had one, or educate yourself about expunging a record in yoru state, Indiana.

    Eligibility for expungement in Indiana:
    People arrested but not convicted, or convicted but vacated on appeal, may petition the court to seal records no earlier than one year after the date of arrest.
    People convicted of a misdemeanor, or a Class D felony reduced to misdemeanor, may petition the court to expunge conviction records no earlier than five years after the conviction.
    People convicted of most non-violent felonies may petition the court to expunge conviction records no earlier than eight years after the conviction.
    People convicted of most other felonies may petition the court to expunge conviction records no earlier than 10 years after the conviction with the consent of the prosecuting attorney.
    The remedy is not available to sex offenders, violent offenders or those convicted of official misconduct or human and sexual trafficking.

    Indiana’s expungement law includes these general provisions for people with no subsequent convictions or criminal charges:
    People arrested but not convicted, or convicted but vacated on appeal, may petition the court to seal records no earlier than one year after the date of arrest.
    People convicted of a misdemeanor, or a Class D felony reduced to misdemeanor, may petition the court to expunge conviction records no earlier than five years after the conviction.
    People convicted of most non-violent felonies may petition the court to expunge conviction records no earlier than eight years after the conviction.
    People convicted of most other felonies may petition the court to expunge conviction records no earlier than 10 years after the conviction with the consent of the prosecuting attorney.
    Expungement is not available to sex offenders, violent offenders or those convicted of official misconduct or human and sexual trafficking.




    Check these links out, if you wish:

    http://www.in.gov/legislative/ic/code/title35/ar38/ch9.html

    http://www.papillonfoundation.org/statespecificinfo/indiana.html

    http://www.criminaldefenselawyer.co...ense/criminal-records-expungement/indiana.htm

    http://www.legalcrunch.com/blog/new-expungement-law-in-indiana-greatly-expands-eligibility

    http://www.indystar.com/article/20131105/NEWS/311050063/
     

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