Lafayette, IN asked in Criminal Law for Indiana

Q: Expungement Eligibility and Process

Hello, I am an international student in the US on F1 Visa. 6 months back, I was simultaneously charged(NOT convicted) with 2 class C misdemeanors(1. Reckless Driving 2. Driving without ever receiving a license) in Newton County in Indiana state for the first time in my life. These have recently been DISMISSED after the completion of the 5-month pre-trial diversion agreement. Now, I am planning to file an expungement for the same to avoid any background check issues during my job applications and USCIS employment application. Supporting Facts: I was charged only 3 months after my first time arriving in the US when I had my Foreign license and International Driving Permit with me that time, which was not accepted by cops. Also, the Reckless Driving charge was for over-speeding, no one injured, no harm. Am I eligible at this time to file for an expungement? If yes, could you please briefly share the process? Thank you! Please let me know. Thank you so much

Timeline: Indiana State Reckles

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1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Since the case has been dismissed you are soon to be eligible for an expungement, however, you have to wait one year from the offense/charge date to file the expungement. The one exception to this would be the prosecutor would have to agree in writing to an earlier expungement. After you have the prosecutor's written consent, you would then have to file a petition with the court laying out the requirements detailed in the statute.

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