01. Criminal Defense & Expungements
Attorney Thomas Martin takes on many different types of criminal cases all over the State of Indiana. He is generally willing to travel to most counties in southern, central, and northern Indiana. He defends against both misdemeanor and felony charges. He handles alcohol related offenses such as DUI (known in Indiana as 'Operating a Vehicle while Intoxicated'), public intoxication, and possession of alcohol by a minor. He takes on cases involving driving offenses, such as reckless driving, operating a vehicle without ever receiving a license, and operating a vehicle on a suspended license.
He also defends individuals charged with:
Dealing offenses: marijuana, cocaine, methamphetamine, and etc.;
Possession offenses: marijuana, cocaine, methamphetamine, and etc.;
Violent crimes: battery, domestic battery, and confinement;
Firearm offenses: pointing a firearm, carrying a handgun without a license, unlawful possession of a firearm by a serious violent felon, and etc.;
Economic offenses: theft, fraud, forgery, and etc.;
Other offenses: burglary, robbery, kidnapping, sexual battery, stalking, intimidation, interference with the reporting of a crime, criminal mischief, and many more.
If the offense you are charged with is not listed here, there is no need to worry. Attorney Thomas Martin handles many more types of criminal cases.
Expungements and Sealing of Records
Many people have a past that they would like to make right. While no one can truly undo what they have done, there is a legal process for sealing and/or expunging criminal records to give you a second chance. Depending on the type of conviction and many other factors, you might be able to seal or expunge your criminal records in order to brighten your future employment prospects. Attorney Thomas Martin helps individuals in this process.
In Indiana, with certain exceptions, you can expunge and seal records of an arrest, misdemeanor, and/or level 6 felony reduced to a misdemeanor conviction. There are specific rules that must be complied with in order to qualify for an expungement. For misdemeanor and level 6 felony (formerly Class D felony) convictions reduced to a misdemeanor, you may qualify for expungement if:
The court finds by a preponderance of the evidence that:
(1) the period required by this section has elapsed (Five years have passed from the date of conviction);
(2) no charges are pending against the person;
(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and
(4) the person has not been convicted of a crime within the previous five (5) years (or within a shorter period agreed to by the prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c)).
Ind. Code 35-38-9-2 (Expunging misdemeanor convictions) (2022).
It is also important to note that if you were arrested, but not convicted, then you may be able to expunge and seal the records of arrests one year after the date of arrest or the criminal charge, whichever is later.
There is also a pathway in Indiana to seal records of a felony conviction. Depending on the type and level of the felony, the waiting periods and requirements vary. The waiting period for minor Level 6 (or Class D) felony conviction is eight years after the date of conviction. This means you must wait eight years to file a petition. The waiting period for less serious felony convictions is eight years from the date of conviction or three years from the completion of the person's sentence, whichever is later. The waiting period for serious felony convictions is ten years from the date of conviction or five years from the completion of the person's sentence, whichever is later.
It is important to remember that the court is not required to automatically grant an expungement and sealing of records of less serious and serious felony convictions. In other words, the court may deny the petition even if the person has complied with all of the requirements. Additionally, expungement and sealing of records for serious felony convictions requires the consent of the prosecutor.