Your Past Indiana Misdemeanor Is Still a Public Record - Even If It Was Dismissed

Has something like this ever happened to you or someone you know? A college student moves on campus. Let’s call him Jeremy. He’s on the fast track to graduate a semester early, so he’s taking extra classes right out of the gate. After weeks of juggling syllabi and lecture notes and campus life, Jeremy’s still having trouble making time for friends. His dorm mate invites him to a party later that week, so Jeremy decides to close the textbooks and check it out. At the party, Jeremy drinks his first beer on campus. This is the full college experience, right? One or two drinks won’t hurt, he thinks to himself.

This becomes a regular event for the 18-year-old freshman until one night the police show up. Some arrests are made, but thankfully Jeremy is only given a slip of paper. On it, he is charged with “minor consuming” and is given a court date. He attends and breathes a huge sigh of relief when the judge dismisses his case, provided he pays a fine and displays good behavior for six months.

Jeremy cuts out the underage drinking, graduates with honors, and moves on with his life. One day, he gets the interview of a lifetime. His resume is impeccable. The interview goes off without a hitch.

But Jeremy doesn’t get the job.

During his background check, Jeremy’s potential employer discovers a case file for “past criminal activity.” His misdemeanor for minor consuming is one click away on a public records website called MyCase.IN.gov.

Is Jeremy’s criminal record permanent? Will a few irresponsible choices at 18 affect his career path for the rest of his life?

If he does nothing, yes. If he contacts the right attorney, this problem can and will vanish.

This scenario is entirely fictitious, but it is meant to illustrate a real issue affecting thousands when it doesn’t have to.

If your name shows up on public record for a past misdemeanor you thought had gone away, there is hope. First, let’s briefly walk you through the legal process.

If you are charged with a misdemeanor (e.g. theft, minor consumption, reckless driving, driving while suspended with a prior, marijuana, etc.), your crime goes in a file on public record as “State of Indiana Vs. [Your Name].” Many people in Indiana are then offered a pre-trial diversion program. In essence, you’re required to:

• Pay a set fee.

• Attend mandated classes.

• Exhibit good behavior for six months to a year, depending on the crime.

Most people knock it out of the park. No big deal. But then they pretend it never happened when the file still exists on public record for potential employers, admissions offices, or even concerned fathers-in-law to see.

Below, you’ll see an example of a real misdemeanor on public record at MyCase.in.gov. You’ll notice this is a closed case listed as “Decided.” However, the charges of public intoxication and disorderly conduct have been on full display since the original case was filed in 2007.

Indiana law allows myself or any other attorney to expunge that. Translation: I’ll erase it from the public's eye. It’s a mandatory action, so if we do this correctly, they cannot say no.

The most important requirement on your end:

• One year must have passed since the date of the arrest, criminal charge, or juvenile delinquency allegation.

That’s it.

As long as my client hasn’t been in any “new trouble” in the last year, and we do our part correctly, the court should grant it without a hearing. It’s one of the easiest legal steps to take, and I’d walk you through the entire process.

There are tens of thousands of these deferred prosecutions in the state of Indiana a year, and so few people know to do this. That can change.

All you’ve got to do is call me or text me at: 260-267-0201

You can also reach me at: aaron@stoll.law

I’ll do the search for you, let you know what’s available and what’s not. We will discuss a price and we can do the entire process remotely. Just provide me your email address so I can send you documents at the appropriate time. In cases like Jeremy's there is no filing fee.

This is one of the least expensive services any criminal defense attorney is going to do. Don’t let a past misdemeanor run the risk of hindering your job prospects or current employment. I can help. Let’s start a conversation. Text me your name and the word "expungement".