How to get rid of an existing criminal record is usually by working with a skilled Indiana expungement attorney. This is because there are certain grounds for getting expunged or sealed. For unfair but often unavoidable circumstances, you just seem to look suspicious these days.
However, in certain criminal cases, the law enforcement authorities have the right to keep any evidence they collect against you. In most instances, this information is kept secret for privacy purposes. This means that you can no longer apply for employment with the public and you can’t go to school, join an organization or join any kind of business. That’s why you need to hire a skilled Indiana expungement lawyer.
In many cases, expunged or sealed criminal cases are based on something called the “Brady” Act. This was introduced by the United States Congress, to protect against fraud, kidnapping, and murder. As time has passed by, the act became applicable in all types of criminal cases. The law basically states that if you are facing a criminal case against a crime that has already been sealed or expunged, then you cannot use your case as a weapon against the person who is being charged with the crime.
Because of this, the legal system has come to believe that your entire past is considered to be irrelevant if you are charged with the offense. Therefore, if you want to know how to expunge or seal a criminal case, you should consult a qualified expungement attorney as soon as possible.
The most common method of expungement or sealing a criminal case is through a pretrial court filing. The judge first decides if he is going to release or seal the case based on a written judgment. The decision of the court is legally binding and the only way of appealing this decision is through a petition filed before a higher court, the state Supreme Court.
Another option is called collateral law. It refers to the legal right that the defendant has to go against his or her own case to expunge or seal it based on the fact that some form of payment was given to the state in order to free him or her from prosecution.
Another popular option for expunging or sealing a criminal case is known as post-conviction relief. This process involves obtaining the conviction expunged from the criminal records of the defendant so that he or she does not face future legal issues due to it. There is still another way of dealing with criminal cases that require the assistance of an experienced expungement attorney.
A conviction might even be overturned and the individual will then be released from custody because of lack of access to the public courts. If that happens, it would then become very difficult to prove your innocence because the state would not give access to evidence that was obtained during the investigation.