Can my fiance and I get his battery charge off his record for his job?

If so, how can we do that?

Asked on October 27, 2014 under Criminal Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Indiana allows either expungement of a criminal record or restricted access.  It can be expunged if you were not actually charged with a crime or if the charges against you were dropped due to mistaken identity, you didn't do it or no probable cause was found. You can petition to restrict access to your criminal record if you were arrested but not charged with a crime (30 day waiting period), acquitted of all charges (30 day waiting period) or convicted but your conviction was later vacated (one year waiting period).  Restricted access means that only criminal justice agencies and possibly child service agencies can see your record.  Both allow you to say you were not convicted of a crime on employment applications. I would speak with a qualified criminal attorney.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Indiana allows either expungement of a criminal record or restricted access.  It can be expunged if you were not actually charged with a crime or if the charges against you were dropped due to mistaken identity, you didn't do it or no probable cause was found. You can petition to restrict access to your criminal record if you were arrested but not charged with a crime (30 day waiting period), acquitted of all charges (30 day waiting period) or convicted but your conviction was later vacated (one year waiting period).  Restricted access means that only criminal justice agencies and possibly child service agencies can see your record.  Both allow you to say you were not convicted of a crime on employment applications. I would speak with a qualified criminal attorney.  Good luck.


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