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State courts post expungement forms online

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The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.

The law took effect July 1, but its complexity concerned many prosecutors and defense attorneys.

The variety of forms apply to multiple scenarios for people with criminal records who seek remedies under the civil processes available through House Enrolled Act 1482.

The 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. The remedy is not available to sex offenders, violent offenders or those convicted of official misconduct or human and sexual trafficking.


 
 

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  • Casemanager
    For a client to assist with expungment of record in order to seek employment.
  • Expungement
    Where can I find the online forms to file for a motion of expungement? All I see are samples, no forms
  • Unacceptable
    The expungement laws are ridiculous. If you have never committed a crime and have one 18 day misdemeanor - that carries the same weight as having a 15 year felony on your record when it comes to a second offense - that second offense being a false arrest. If you have committed no crimes in a 7 year period - all misdemeanors of 20 days or less need to be automatically expunged. This goes for all false arrests of any kind.
  • multiple arrests and convictions
    2 a misdemeanors 1 d felony to A Misdemeanor and one arrest without conviction over 5 years ago this can be sealed or expunged used the sample forms with my data and the cost of a civil case?

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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