If you have a past marijuana charge on your record, it can feel like a permanent stain that may never come out. Indiana is a state with evolving cannabis laws, but strict enforcement of past marijuana convictions. The consequences of a simple offense can linger, affecting job prospects, housing applications, and educational opportunities. Fortunately, Indiana law allows eligible individuals the ability to legally clear their criminal record through the process of expungement.
What Is Expungement?
Expungement offers an eligible person a second chance. This ability to legally clear their criminal record effectively seals or destroys the record of the conviction or arrest. Understanding how expungement works is the first step towards getting the slate wiped clean and moving on from the past.
How to Expunge a Prior Marijuana Misdemeanor
In Indiana, many simple marijuana possession offenses are charged as misdemeanors. To expunge a misdemeanor marijuana conviction, the petitioner must satisfy the following criteria:
- Five-year waiting period since the date of the conviction.
- No current criminal charges pending, and must have maintained a clean record without any new convictions in the interim waiting period.
- All fines, fees, court costs, and restitution associated with the conviction must have been fully paid.
If the five-year waiting period has not yet elapsed, it may be possible to file a petition for expungement earlier if the prosecuting attorney agrees to the shorter time frame in writing. This is an avenue that an experienced attorney can help navigate.
How to Expunge Felony Marijuana Charges
Dealing or repeated possession charges may be classified as felonies. While the eligibility criteria are stricter and the waiting periods are longer, most non-violent felony drug convictions are expungeable in Indiana. For a non-violent felony marijuana conviction, the requirements are as follows:
- Eight-year waiting period since the date of the conviction or one year after the completion of the sentence, whichever is later.
- No currently pending criminal charges, and must have had no other convictions within the previous eight-year timeframe.
- Must have paid all outstanding fines and costs.
For the most serious felony drug crimes, such as high-level dealing or manufacturing offenses, the expungement process becomes discretionary. This means the court has the final say and can deny the petition even if the petitioner meets all statutory requirements. In these cases, a compelling legal argument is essential. Having an attorney who can present a persuasive case to the judge detailing the petitioner’s rehabilitation and contribution to the community is crucial for a successful outcome.
Clearing an Arrest without a Conviction
If a person is arrested for a marijuana charge that is later dismissed by the prosecutor or not found guilty at trial, the arrest and initial charge may remain visible on background checks. An arrest record that did not result in a conviction can be expunged after one year from the date of the arrest.
Indiana’s One-Time Rule
Indiana law permits an individual to clear their criminal record only once in their lifetime through expungement. Because this is a one-time opportunity, it is vital to ensure all eligible charges are included in the petition. Make the most of this single chance to legally wipe the slate clean with help from a lawyer experienced in petitioning for expungement and permanently secure your future free from the constraints of a past marijuana charge.