QUESTION
My criminal conversion charge was dismissed in 2009. Am I eligible to utilize new Indiana law to have it sealed from employers?
Asked on Aug 30th, 2012 on Expungements - Indiana
More details to this question:
My name is Timothy John Murphy. I am a recent Purdue graduate with a BS in accounting. Over the summer I passed all four sections of the CPA exam. Now, I am beginning to interview with prospective employers and am beginning to be anxious that my previous misdemeanor may result in not landing the job I desire. I was charged with Criminal Conversion and ultimately went through the diversion program and had the case dismissed.
Specifically, I stole a sweatshirt from the Discount Den back in November of 2007. Case #: 79D05-0711-CM-02397 By December 2008 I had entered the diversion program and by January 2009 the charges were dismissed because I successfully completed all of the terms of the program. I have had no record since and have maintained a life of integrity and just want to enter the professional world on my strongest foot.
I am curious what the next step is in filing with the state to have my records sealed from employers. Someone mentioned new Indiana Law!
1 ANSWER
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I cannot say exactly what Indiana's expungement law requires but typically a misdemeanor can be expunged a year after the sentencing terms have been complied with. Expungements are also handled differently depending on whether you were convicted or the case was dismissed or there was a finding of not guilty. Because you entered into a diversion program that you then successfully completed, you were likely not convicted of anything. So your right to an expungement would be governed by the rules on dismissed cases. Your next step would be to contact the court where the charge was pending and ask about the process or contact an attorney licensed in the state of Indiana to walk you through the process.
Simon W. Johnson
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Answered on Sep 01st, 2012 at 8:42 PM