I Have A Felony Record And I Want To Get It Expunged

Wow, I am truly amazed at the responses this individual got to their legitimate inquiry. My mother always told me to not speak on something unless I knew what I was talking about. Who are the legal experts here anyways? Not only that, where is the compassion for someone who is dealing with a legitimate problem that will adversely affect the rest of their life. Maybe answering the same old monotonous questions have made you a little calloused to people's concerns, I don't know. I just know I was bothered enough by it that I felt compelled to join and offer this person a life line. Sometimes people break the law, but sometimes the punishment far exceeds the crime, like being a labeled a felon for life for a menial offense.

What I do know is that the person who posted the question indeed does not have to wait fifteen years to seek relief. You can file a motion as soon as you've been convicted. Granted the longer you wait and keep you nose clean the better the chances of your success of having the original conviction reduced or dismissed. You must file what is called a "Motion for Hearing to Dismiss Felony Record". You must file four copies with the clerk's office in the county of which you were prosecuted. There should not be a filing fee since this will fall under the original cause number in which you would have already paid filing fees for. How do I know all of this? Because my friend and I have been running into walls for years trying to find a method of expungement in Indiana. We finally caught a break when, in the midst of being treated quite harshly by a county clerk employee who was quite adamant, like all of you, that we were pretty much screwed, a judge passing by spoke up and said we most certainly could file a motion to have our felonies reduced. He even provided the proper generic motion and instructed on how to file it. My friend filed his and was granted a hearing within a month. His hearing was this morning and after giving his reasons for the reduction of the felony, the judge asked the prosecutor for any objections, there were none and the judge went the extra step to not only reduce it but to completely wipe it from his record. By the way, the time that had passed since my friend's original marijuana possession conviction was only four years. My marijuana conviction has been roughly eleven years ago. I'm hopeful I will have as much success as he did. Oh and the judge did recommend filing it ASAP due to this being and election year and the rate of reductions and dismissals are always higher. Go figure.

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Quoting elaw

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Wow, I am truly amazed at the responses this individual got to their legitimate inquiry. My mother always told me to not speak on something unless I knew what I was talking about. Who are the legal experts here anyways? Not only that, where is the compassion for someone who is dealing with a legitimate problem that will adversely affect the rest of their life. Maybe answering the same old monotonous questions have made you a little calloused to people's concerns, I don't know. I just know I was bothered enough by it that I felt compelled to join and offer this person a life line. Sometimes people break the law, but sometimes the punishment far exceeds the crime, like being a labeled a felon for life for a menial offense.

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I always forget. Is it irony or hypocrisy when someone judges everyone else judgemental?

The punishment does fit the crime. If you do not want the stigma of a felony on your record, do not commit a felony.

You did not read the attached site with the attached law. I recommend you do so before you lecture us on knowing or not knowing the law.

Awww, what the hell... I will quote it for you...

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Quoting Indiana Code § 35-38-5-5 - Petition to limit access to limited criminal history of person discharged from probation, imprisonment, or parole
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(a) This section does not apply to a request to a law enforcement agency for the release or inspection of a limited criminal history to a noncriminal justice organization or individual whenever the subject of the request is described in IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).

(b) A person may petition the state police department to limit access to the person's limited criminal history to criminal justice agencies if more than fifteen (15) years have elapsed since the date the person was discharged from probation, imprisonment, or parole (whichever is later) for the last conviction for a crime.

(c) When a petition is filed under subsection (b), the state police department shall not release limited criminal history to noncriminal justice agencies under IC 10-13-3-27.

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And you are talking apples and oranges. In your case, the mysterious passing judge suggested that you have the felony reduced to a misdemeanor not get it expunged.

There is a huge difference... and, again, not all felonies are eligible for reduction.

The OP asked about expungement and the answer he received was correct. In fact, your friend's crime is STILL on the books. It is just no longer a felony. Any criminal background check done on him will still show it.

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Quoting elaw

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..........the longer you wait and keep you nose clean the better the chances of your success of having the original conviction reduced or dismissed. You must file what is called a "Motion for Hearing to Dismiss Felony Record". You must file four copies with the clerk's...........

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Maybe "elaw" should've looked up the difference between a "...reduced or dismissed..." and expunge.

Like Cyjeff posted, your bud's felony got REDUCED! Now if he wishes to attempt to get it expunged tell him to go back to the courthouse in early 2023!

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Quoting souperdave

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Maybe "elaw" should've looked up the difference between a "...reduced or dismissed..." and expunge.

Like Cyjeff posted, your bud's felony got REDUCED! Now if he wishes to attempt to get it expunged tell him to go back to the courthouse in early 2023!

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I am somewhat incredulous of elaw's story, frankly - especially the part where the prosecution said nothing and the judge went beyond what was requested. Sounds like a tall tale.

Here in Pa, the only way to get a felony off your record is to obtain a pardon from the Board of Pardons or the president. Presidents are (in)famous for granting lots of them on their last days in office but they occur other times (remember Scooter?). Maybe it's time the OP got into politics.

First things first. I NEVER said anything about the statute you posted as being incorrect. I was simply stating that you made it appear that all other recourse was shut off to the individual. Which is UNTRUE. As for telling tall tales, I am not the type of person to waste my time to register on a forum just to spin a yarn. The previous statements I made are all true statements of which I have a firsthand knowledge. Take it for whatever you will. It really makes no difference to me. Now here's where I see irony in some of the responses. Did you READ my post? At least tell me yes and that you understood exactly what I said because I thought I made it clear. The motion was indeed filed as a motion to DISMISS felony record. Not REDUCE. Even though we both looking for a reduction, the judge had instructed on how to file the motion for dismissal. We never thought in a million years that his record would be wiped clean, but that's exactly what happened. My friend even asked the judge what that exactly meant, and the judge said, "From this day forward if anyone asks if you have been convicted of a drug related crime, that he may tell them no because it will no longer be on his record." It was not reduced to a Class A Misdemeanor, but instead wiped from his record. That in essence is the exact same thing as expungement, correct? Or should I wait for you to look up the definition? You're correct, we made the choice to break the law, but for me to be denied opportunities to improve my and that of my family's station in life for a menial possession charge that I committed, when in essence I was still a kid, seems to be excessive punishment. I'm sure you've made mistakes that potentially could have damaged your character, but unlike mine it went undetected. We all do. If God can forgive me, why not my government and society? Look, I didn't initially come here to argue, and the only reason I do now is for clarification purposes. My intent was to come here and offer someone in trouble another lifeline and to let them know that not all solutions had been brought to light. I understand your responses and that they come from being offended, but hey it's offensive to someone who knows what this person is going through to some extent, and to have every door you knock on be slammed right back in your face. Luckily, this judge, who is far from known as compassionate, took the time to be human and lent us a hand. The least I could do is return the favor. I do apologize though, since in hindsight, my initial response bore the tone of my own frustration with receiving legal advice and that was not fair. Anyways, my story is legit. I'm not sure if it's public record, but this occurred in Huntington County Superior Court (Indiana), February 26, 2008. The day I made my initial post. I ran across this post when looking for previous filed motions to dismiss felony record.

Oh and I did read the statute that you linked. The statute that you posted is in regards to sealing records, not that of expungement, at least that's how I interpret it and why I posted what I did.

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Quoting elaw

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First things first. I NEVER said anything about the statute you posted as being incorrect. I was simply stating that you made it appear that all other recourse was shut off to the individual. Which is UNTRUE. As for telling tall tales, I am not the type of person to waste my time to register on a forum just to spin a yarn. The previous statements I made are all true statements of which I have a firsthand knowledge. Take it for whatever you will. It really makes no difference to me. Now here's where I see irony in some of the responses. Did you READ my post? At least tell me yes and that you understood exactly what I said because I thought I made it clear. The motion was indeed filed as a motion to DISMISS felony record. Not REDUCE. Even though we both looking for a reduction, the judge had instructed on how to file the motion for dismissal. We never thought in a million years that his record would be wiped clean, but that's exactly what happened. My friend even asked the judge what that exactly meant, and the judge said, "From this day forward if anyone asks if you have been convicted of a drug related crime, that he may tell them no because it will no longer be on his record." It was not reduced to a Class A Misdemeanor, but instead wiped from his record. That in essence is the exact same thing as expungement, correct? Or should I wait for you to look up the definition? You're correct, we made the choice to break the law, but for me to be denied opportunities to improve my and that of my family's station in life for a menial possession charge that I committed, when in essence I was still a kid, seems to be excessive punishment. I'm sure you've made mistakes that potentially could have damaged your character, but unlike mine it went undetected. We all do. If God can forgive me, why not my government and society? Look, I didn't initially come here to argue, and the only reason I do now is for clarification purposes. My intent was to come here and offer someone in trouble another lifeline and to let them know that not all solutions had been brought to light. I understand your responses and that they come from being offended, but hey it's offensive to someone who knows what this person is going through to some extent, and to have every door you knock on be slammed right back in your face. Luckily, this judge, who is far from known as compassionate, took the time to be human and lent us a hand. The least I could do is return the favor. I do apologize though, since in hindsight, my initial response bore the tone of my own frustration with receiving legal advice and that was not fair. Anyways, my story is legit. I'm not sure if it's public record, but this occurred in Huntington County Superior Court (Indiana), February 26, 2008. The day I made my initial post. I ran across this post when looking for previous filed motions to dismiss felony record.

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If these are expunged I would offer as little information as possible regarding the case. But let me ask you this - were you and your friend both convicted of the crime? Are you sure you weren't given some first offenders program? Put another way, are you saying that in Indiana one can petition the court to remove or reduce a felony conviction? I read your post the first time, closely, and read it again, and see no mention of there being a conviction. If so, how was the conviction entered, i.e., through a guilty plea or a trial? And just so we're clear, at what age were the offenses (yours and your friend's) committed? Part of the reason I ask is because the only thing that I found about expungement in the Indiana code was pertaining to arrests which resulted in dismissals. If you have any statute or citation, please provide it.

C 35-38-5-1
Petition; grounds; verification; filing; contents; service; notice of opposition; hearing
Sec. 1. (a) Whenever:
(1) an individual is arrested but no criminal charges are filed against the individual; or
(2) all criminal charges filed against an individual are dropped because:
(A) of a mistaken identity;
(B) no offense was in fact committed; or
(C) there was an absence of probable cause;
the individual may petition the court for expungement of the records related to the arrest.

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Quoting elaw

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Oh and I did read the statute that you linked. The statute that you posted is in regards to sealing records, not that of expungement, at least that's how I interpret it and why I posted what I did.

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There is no legal difference between sealing a record and expungement. In fact, they are the exact same.

Your record doesn't magically disappear when you get it expunged. It is just no longer visible to anyone outside of law enforcement. However, if you get into further criminal trouble, the court can see your prior act.

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Quoting cyjeff

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There is no legal difference between sealing a record and expungement. In fact, they are the exact same.

Your record doesn't magically disappear when you get it expunged. It is just no longer visible to anyone outside of law enforcement. However, if you get into further criminal trouble, the court can see your prior act.

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I am curious on what basis you say that. I totally disagree - maybe in end result, they're similar, but expungement means that the record is destroyed whereas sealed means it's there, but no one can look at it. Here at least, in Pa, when we send an expungement order I get certifications mailed to me from clerks saying that they actually destroyed (i.e., shredded) the file. And you're right, there's no magic involved. Also, I have had people do searches after their record was expunged and it did not show up. Granted, we don't have access to the same databases that law enforcement has so there may be a record of it somewhere, but expungement certainly gets rid of it in more places rather than just sealing it. Further, there is judicial authority that states that if a record is expunged, you can say that you have never been charged with a crime. I don't know if there is similar authority (there may be) for records under seal.

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Quoting elaw

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First things first. I NEVER said anything about the statute you posted as being incorrect. I was simply stating that you made it appear that all other recourse was shut off to the individual. Which is UNTRUE.

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First, the poster asked about expungement. If the poster had asked about other avenues, we would have answered that question.

Second, so how was I supposed to read "Wow, I am truly amazed at the responses this individual got to their legitimate inquiry. My mother always told me to not speak on something unless I knew what I was talking about."? Sounds to me like you are saying we are incorrect.

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Did you READ my post? At least tell me yes and that you understood exactly what I said because I thought I made it clear.

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I did read it. Granted, some sentence structure, white space and the infrequent paragraph break would have helped clarity.

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The motion was indeed filed as a motion to DISMISS felony record. Not REDUCE.

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Reduction to a misdemeanor is typically how a felony record is dismissed.

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Even though we both looking for a reduction, the judge had instructed on how to file the motion for dismissal. We never thought in a million years that his record would be wiped clean, but that's exactly what happened. My friend even asked the judge what that exactly meant, and the judge said, "From this day forward if anyone asks if you have been convicted of a drug related crime, that he may tell them no because it will no longer be on his record." It was not reduced to a Class A Misdemeanor, but instead wiped from his record. That in essence is the exact same thing as expungement, correct?

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That is. And is as likely to happen again as winning the lottery.

I have never heard of a judge anywhere that went so far above and beyond. Why? Because the judge went outside applicable expungement law. There is already a mechanism in place for expungement, and the judge ignored it.

I would recommend your friend continue to keep his nose clean. If he gets in front of another judge, this may be overturned.

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Or should I wait for you to look up the definition?

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I know the definition. You, apparently, do not. See below.

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You're correct, we made the choice to break the law, but for me to be denied opportunities to improve my and that of my family's station in life for a menial possession charge that I committed, when in essence I was still a kid, seems to be excessive punishment.

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Only the people convicted seem to share your viewpoint. Don't do the crime if you can't do the time.

It isn't anyone's fault but yours that you can't take care of your family. Don't try to blame us because you decided to take drugs and then don't want to pay the piper.

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I'm sure you've made mistakes that potentially could have damaged your character, but unlike mine it went undetected.

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Wrong.

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We all do.

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Wrong.

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If God can forgive me, why not my government and society?

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Dunno. I can assure you, though, that if I get a call back from the big guy, I ain't gonna waste my time with him asking about you.

Why is it that everyone wants the separation of church and state until forgiveness comes up? How about the flip side to your question?

Why should I NOT have a better chance at jobs and other benefits of life because I DID follow the law?

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My intent was to come here and offer someone in trouble another lifeline and to let them know that not all solutions had been brought to light. I understand your responses and that they come from being offended, but hey it's offensive to someone who knows what this person is going through to some extent, and to have every door you knock on be slammed right back in your face.

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Wow. All one sentence.

Again, it is not our fault that doors get slammed in the face of felons. It would be the felons fault. The time to think about how harsh the penalty is for the felony is BEFORE you commit it.

If you are saying to yourself, "wow, this guy really doesn't want felons to have an easy time of it", you are correct. Right now, you are just a lesson to others.

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Luckily, this judge, who is far from known as compassionate, took the time to be human and lent us a hand. The least I could do is return the favor. I do apologize though, since in hindsight, my initial response bore the tone of my own frustration with receiving legal advice and that was not fair. Anyways, my story is legit. I'm not sure if it's public record, but this occurred in Huntington County Superior Court (Indiana), February 26, 2008. The day I made my initial post. I ran across this post when looking for previous filed motions to dismiss felony record.

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How many other instances of this did you find? What was the name of your judge? And how did you know the date of the filing BEFORE you posted your original missive?

In other words, I am throwing the BS flag on you. You are either lying your butt off or can't even keep simple facts like dates straight.

Maybe you were high.