Can I Apply for Expungement With a Pending Criminal Charge?

When it comes to criminal record expungement, there are several rules, restrictions, and limitations involved in the process, from the initial petitioning stage, to final judgement. This means that not all applicants are eligible. For most, there are long waiting periods before becoming eligible for criminal record expungement for record sealing. And for those with pending criminal charges, the wait will be even longer.

Continue reading to learn what you need to know about expungement eligibility in Indiana, and how long you might have to wait before you qualify.

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Criminal Record Expungement Attorney 317-636-7514

Pending Criminal Charges

If a person has current criminal charges pending, they are not eligible to expunge their criminal records. Once the charges are dealt with accordingly, and are no longer pending, and the individual is no longer on probation, they can then apply for criminal record expungement. This, however, does not mean they will be eligible. There are several prerequisites and requirements for eligibility. Factors such as time, the type of offense, the state, and more, all influence a person’s chances of being approved for record expungement.

Possible Timelines for Indiana Expungement

You must wait for a certain amount of time from the date of arrest before being eligible to petition for criminal record expungement. The amount of time you must wait largely depends on your criminal history and the convictions you have. They are as follows:

Dismissed Cases = 1 Year
Cases w/No Conviction = 1 Year
Misdemeanor Convictions = 5 Years
Level D Felony Convictions = 8 Years
Other Felony Convictions = 8 Years, or 3 Years from sentencing completion date – whichever comes later.
Serious Felony Convictions = 10 Years, or 5 Years from sentencing completion date – whichever comes later.

If You Don’t Qualify for Expungement

If you do not meet the eligibility requirements for criminal record expungement, you may still qualify for record sealing or “shielding.” Your licensed criminal defense lawyer can make this determination for you, but the primary differences between expungement and sealing is who can access the records and who cannot. See our blog, “What is the Difference Between Expunging and Sealing a Criminal Record?” to learn more.

Determining Your Eligibility Status

The eligibility requirements for sealing and expunging arrest records are quite complex. Furthermore, the process that is required of a petitioner is complicated, and revolves around a stringent schedule that’s difficult to follow. For this reason, it is important to review the criminal expungement laws and procedures before you begin on your petition. Consult with a licensed criminal defense lawyer for information about record expungement and sealing in Indiana.

How to Get Started on Your Petition

Call 317-636-7514 if you would like to petition for restricted access or criminal record expungement in Indianapolis. We are happily provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! We are eager to help you reform your criminal record so that you can have the quality of life you and your loved ones deserve.

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Who Can Grant Criminal Pardons in the United States?

When facing a federal criminal charge, there are two chief outcomes: guilty or not guilty. But what about being pardoned for your crimes? What does this mean, exactly? And who can grant pardons to suspected or convicted criminals? Continue reading to learn what you need to know about criminal pardons if you are someone you love is facing serious charges.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

What is a Pardon?

Also known as clemency, a pardon is a type of acquittal that wholly sets aside or lessens the punishment for a felony. You have likely seen this action take place on your favorite crime action hero movies, and there is a reason why. Federal criminal pardons are extremely rare. It is essentially the government’s way of forgiving a person for their crimes. There are a few additional forms of clemency that the President can grant to a defendant. These include commutation, remission, and reprieve.

Commutation – Given a lesser punishment;
Remission – Given relief from a penalty, restitution, or forfeiture;
Reprieve – Temporary delay of sentence (i.e. death penalty);

Granting a Pardon

If you are wondering whether or not there is a change of be granted a pardon, perhaps learning who has the discretion to grant them will answer your question. You see, a federal pardon can only be given by the President of the United States, known as the power of executive clemency, and decreed in Article II, Section 2, Clause 1 of the U.S. Constitution.

So in order to receive a pardon for a crime, someone must get the attention of the Presidency. In order for a defendant to be granted clemency by the President of the United States, they must also meet the specified qualifications, which involve factors such as the number of years since the conviction or release from incarceration, character references, recent criminal history, and more.

Records of Pardoned Crimes

Depending on the state, if a person has a crime pardoned by the government, it will most likely still show up on public databases, but it will also show that the person was pardoned for the incident. In such cases, a person could petition for criminal record expungement to have their criminal history sealed from public access.

How to Expunge Criminal Records in Indiana

Call 317-636-7514 to get started on the Indiana criminal record expungement application process. We offer professional criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the Indiana expungement laws, and know exactly how to file and obtain a legal expungement, successfully. Call our office at 317-636-7514 and schedule a free initial consultation to determine your eligibility, today.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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Will the State Expunge My Shoplifting Arrest Record?

Life is certainly a learning curve. And along the way, many of us make poor character choices that later teach us the morals we ultimately adopt as our own. One such error in judgement is the crime of shoplifting, which happens to be among the most common adolescent and young adult offenses committed in the United States. Unfortunately, being arrested for shoplifting does stay on your permanent, public record forever; unless you do something about it, of course. If you wish to improve the quality of your life full-circle, you might want to consider the Indiana Second Chance laws. Keep in mind, however, not all petitioners qualify.

So, can you expunge a shoplifting arrest from your criminal record? Continue reading to learn how to find out.

Indiana Criminal Record Expungement Lawyer
Indiana Criminal Record Expungement Lawyer 317-636-7514

Theft Charges in Indiana

If you were arrested for theft in Indiana, the type of charge you get, misdemeanor or felony, depends on the value of the stolen goods, and a few other contributing factors. Accordingly, the factors surrounding your eligibility for criminal record expungement will depend on the severity of your criminal charge. Below is a guide to help you understand the levels of punishment for different values of theft in Indiana.

📿 Under $750 = Class A Misdemeanor

🚙 Between $750 & $ 49,000 = Level 6 Felony

⛵ Over $50,000 = Level 5 Felony

Do You Qualify for Expungement?

Your eligibility for criminal record expungement first depends on whether or not you were ever charged, what you were charged with, and how long it has been since the date of your arrest. Additional contributing factors that determine your eligibility include your recent criminal history, employment, citizenship, and more.

Talk to a licensed Indiana expungement attorney for help confirming your eligibility for criminal record expungement. Keep in mind, not all offenses can be expunged. See our blog, “What You Can and Cannot Expunge” to learn more. But not to worry; if you do not qualify for expungement, you may be eligible for record sealing.

How to Start Your Expungement Application

Call our Indianapolis criminal defense law firm at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Take advantage of this opportunity and get your criminal record expunged this year!

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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Can I Expunge My Pretrial Diversion Records in Indiana?

Everyone has a past, and for some, that means criminal records. But just because you have an arrest, charge, or similar non-conviction on your permanent record, it does not make you a delinquent or low-class citizen in any right. That is why Indiana now allows those who qualify to expunge such records, sealing them from public access. Once expunged, the law mandates that a person is to be treated as though the record never existed. When it comes to housing, loans, professional licenses, promotions, career opportunities, and more, this is a highly valuable advantage.

Still, there are several conditions and circumstances that go along with criminal record expungement, all of which will influence your eligibility and what you can and cannot expunge. A common question among expungement petitioners has to do with pretrial diversion programs, also known as pretrial probation .

Continue reading to learn whether or not Indiana permits expungement of such programs.

Indiana Criminal Record Expungement Law Firm 317-636-7514
Indiana Criminal Record Expungement Law Firm 317-636-7514

Pretrial Diversion (PTD)

Pretrial diversion programs are ordered by the court to a defendant facing criminal charges. It is applied as an alternative to a criminal conviction. Generally, this option is only given to first-time misdemeanor offenders and juveniles. After a person completes the program, the charges are dismissed by the state.

However, even though no conviction results, the record still remains on a person’s criminal history since they have to admit to the crime to which they are being charged. This record is available to the public via various portals and resources. For this reason, many people wish to seal pretrial diversion programs in order to better their life.

✨ So yes, pretrial diversion programs may be expunged so long as the petitioner qualifies!

Learn if You Qualify for Expungement

A person can only file for expungement if they were never actually charged with a crime, or, if their charges were later dropped because, 1) their arrest was a result of mistaken identity, 2) they were truly innocent of the allegations made against them, and/or 3) a judge found there was no probable cause or evidence that they committed a crime.

So long as a person meets one or more of the above criteria, and does not have any pending criminal charges against them, their petition should be granted. This of course also depends on whether or not they file correctly. It is important to hire an attorney for help filing all paperwork and meeting all deadlines.

Professional Expungement Services in Indiana

Call our Indianapolis criminal record expungement lawyers at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850!

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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How Many Types of Background Checks Are There?

If you are currently interviewing for jobs or participating in a similar venture that might require someone to run a background check on you, you might be concerned about what people might find on your permanent record. For this reason, it is common for people to run a background check on themselves first. But how comprehensive are these background checks? How many do you have to do to find all the personal records that are available to the public?

Continue reading to learn about the different types of background check options open to public use for a better idea of where your records might show up. Want to clean up your personal record? We’ll discuss that too.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

Background Checks

There are various types of background checks you can perform on an individual that lives in the United States. Some are free, while others require a fee that ranges in price depending on how deep you want to dig. You can choose to run a background check online, in person, or via postal mail.

The option you choose depends on how much information you want, and how much you are willing to pay. As for potential employers, they tend to use the more invasive background checks. Jobs that require professional licensing or involve children will perform even more aggressive scans.

Common Types of Background Checks:

Free Online Background Checks – There are endless websites that provide free background check scans, from government portals to private investigation offices, and everything in between. However, these scans are usually not very detailed, and may not provide a lot of information on criminal history.

Paid Background Checks – There are several paid background check providers to choose from, both online and in person. Costs depend on the service fee of the vendor, as well as, the level of information desired. The more detailed the scan, the more money it will cost.

Public Background Checks – Public background checks are generally very vague. You are not likely to find criminal history through a public check, but rather, domestic information like address, phone number, marital status, dependents, driving record, and similar civil facts.

Comprehensive Background Checks – Comprehensive background checks will give very detailed reports on criminal history, traffic offenses, civil information, and more. These are typically more expensive, as they provide a very thorough scan and report.

Specific Background Checks – There are various types of specific background checks that can be performed, in addition to the ones listed above. The most common include criminal history check, past employment verification, school verification, reference check, drug tests, sexual offender registry checks, credit background checks, social media/internet checks, driving record, professional license and certificate verification, and social security number tracing.

How to Clean Up Your Criminal Records in Indiana

Call Attorney David E. Lewis at 317-636-7514 to learn your eligibility for criminal record expungement in Indiana. We are eager to help you get the fresh start in life that you deserve! Our services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a consultation, today.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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What is the Current Status of the Indiana Expungement Law?

If you are still waiting to be eligible for criminal record expungement, you may be concerned that the status is going to change any time. The truth is, you are correct to be concerned about this, as this new law has been quite unpopular among several lobbyist parties and interest groups. For this reason, the Indiana Second Chance laws might not always be around. But as for now, they are still active, and you still have an opportunity to take advantage of criminal record expungement, so long as you qualify.

Continue reading to learn some basics about criminal record expungement, including how to qualify and where to get started on your petition.

Criminal Record Expungement
Criminal Record Expungement 317-636-7514

Criminal Record Expungement

If you have past arrest records or criminal charges on your criminal history, the Indiana Second Chance Laws are something you should be very interested in; especially if you want to improve your vocational status, obtain professional licensing, rent housing, or pursue education. However, you must meet specific criteria in order to qualify for expungement.

For those who do not qualify for criminal record expungement, another option called record sealing may be a possibility. See our blog, “What is the Difference Between Expunging and Sealing a Criminal Record?” to learn more about both options, and how to get started on determining your eligibility for the Indiana Second Chance laws.

The Challenges of Expungement

The process of qualifying and petitioning for criminal record expungement is highly complex. It is not recommended to do it on your own unless you have a keen understanding of criminal law and the Indiana judicial system. Furthermore, petitioners are only allowed to apply once in their lifetime, and a simple spelling error or missed deadline can revoke your petition forever.

To avoid problems with a criminal record expungement petition, you must hire a licensed Indiana criminal defense law firm that specializes in criminal record expungement and record sealing assistance. They have the knowledge and resources to confirm your eligibility and implement all the filing, correctly.

How to Get Started

Call The Law Office of David E. Lewis at 317-636-7514 if you would like to petition for restricted access or criminal record expungement in Indianapolis. We are happily provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! We are eager to help you reform your criminal record so that you can have the quality of life you and your loved ones deserve. Call 317-636-7514 to schedule an appointment, today.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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Warning: An Expunged Criminal Record is NOT Destroyed

If you are considering moving forward with an expungement petition in Indiana, you are likely on your way to a promising future full of better opportunities. However, it is important that you fully understand what criminal record expungement is, what it does, and its various limitations, before you begin. Fundamentally, you need to recognize that an expunged record is not destroyed or eliminated from your permanent criminal history; instead, it is simply unattainable by the general public.

Continue reading to learn who can still access expungement criminal records and who cannot, as well as, how to get started on the right tract with your petition.

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Criminal Record Expungement Services 317-636-7514

Criminal Record Expungement Process

Basically, criminal record expungement involves attending court with the intention of asking the judge to remove certain records that resulted from a past criminal court case so they are not visible to the general public. The process requires extensive filing and paperwork, all of which is very complicated. For this reason, most applicants hire a licensed criminal defense attorney who specializes in the service. You only get once chance to apply, and a minor error like a misspelled work or missed deadline can revoke your right to petition, forever.

Who is the “General Public?”

When a person has a criminal record, such records are available to the general public, either through paid background checks or free public scans, depending on how detailed of a report the user wants. So who makes up the general public? Well, the general public would include anyone who has access to a computer. Common parties that use background checks and scans include employers, schools, banks, rental companies, landlords, airlines, friends, family, and even potential dates or parents of your potential date.

Who Can Still Access Expunged Records?

Although a criminal record is expunged, it still exists. It is not a pardon, nor a repealed conviction. Instead, an expunged record is withdrawn from public databases, but not private ones. Private authorities who will still have access include law enforcement and certain governmental parties, including the police, courts, FBI, immigration officers, and other public officials. On the other hand, these authorities only access such records in very specific situations.

Read our blog, “FAQs About Sealing and Expunging Criminal Records” to learn all the basics to the process of criminal record expungement. This will get you ready to start working on your petition!

How to Get Started on Your Petition

Call Attorney David E. Lewis at 317-636-7514 to learn your eligibility for criminal record expungement in Indiana. We are eager to help you get the fresh start in life that you deserve! Our services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a consultation, today.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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What You Can Do to Clean Up Your Rental History

Do you have an eviction or two that you would like to remove from your rental record? Or perhaps some lost deposits or litigious landlord disputes? If you have a rental history that is no longer representative of your life now, but is still holding you back from better housing opportunities, it may be time to consider your options for rental record rehabilitation. How can you do this in Indiana? Continue reading to find out.

Indiana Eviction Expungement Attorney
Indiana Eviction Expungement Attorney 317-636-7514

Evictions in Indiana

Also known as “unlawful detainer”, here in Indiana, it is simply referred to as an eviction. Not sure if you were actually evicted or not? If you have questions about your rental record, there are easy ways to get a report. Start with a free online portal to access your rental history, such as MyRentalHistoryReport.com, to give you a clear understanding as to how many evictions are on your file.

Seal or Remove an Eviction

Regardless of why you might have an eviction your record, it may possible be hidden or concealed from your permanent record, but if you qualify. Not everyone with an eviction on their record qualifies for expungement. In order to be eligible, you must be able to prove that the eviction was unlawful or had no factual basis. For instance, if you were evicted because you were habitually unable to pay rent on time or failed to pay all of your rent in full for the length of your rental agreement, it would be very difficult getting the eviction expunged. But this does not mean it is not possible.

How to Confirm Your Eligibility

Always consult a criminal defense attorney that is well-versed in the Indiana expungement process if you wish to confirm your eligibility for eviction expungement. They can tell you if you have a strong case and whether or not you should move forward with your petition. Filing for expungement does cost money, so you would not want to pursue it before knowing if you are even eligible.

If you do have a valid petition, you will need the assistance of an expungement lawyer to ensure you full-fill the process correctly. Just one minor mistake can have your petition rejected, and you are not allowed to re-apply. A licensed criminal defense expungement attorney has the knowledge and experience to aggressively challenge your eviction and win your case. They will ensure your expungement goes to plan.

Get Started Right Here, Right Now

Call 317-636-7514 if you have a wrongful or unfair rental eviction in Indiana that you would like to contest. Our law firm is well-versed in the Indiana expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more, today.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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Frequently Asked Questions About State and Federal Law

The two primary types of courts in the United States are federal and state courts. There are several key dissimilarities between these two court systems, and a few similarities too. Continue reading to learn some fundamental information about state and federal offenses, including the primary differences between state and federal court, types of federal crimes, the importance of federal criminal defense, and more.

Criminal Record Expungement Lawyer 317-636-7514
Criminal Record Expungement Lawyer 317-636-7514

How Do Federal and State Court Differ?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

What is are Federal and State Crimes?

Federal crimes are more serious than state crimes, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Each level of felony is assigned a separate statute regarding penalization.

State crimes are those that break laws set by and enforced by the state. They are referred to as “misdemeanors”, which are lesser offenses compared to felonies, but still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors.

What are Some Common Federal Offenses?

Federal offenses are very serious. Some common examples include arson, bank fraud, healthcare fraud, mail fraud, car theft, identify theft, carjacking, kidnapping, civil rights offenses, drug trafficking, drug dealing, armed robbery, firearms offenses, assault and battery, sexual assault, child molestation, hate crimes, homicide, and murder.

Can I Remove State and Federal Crimes From My Criminal Record?

A new law regarding criminal record expungement has recently been passed in Indiana, which means qualified individuals can have their criminal records concealed from public access. The new law is also known as the Indiana Second Chance Law, and it involves a complicated petitioning process. For this reason, it is necessary to hire a criminal lawyer who it well-versed in the new laws to help you with your petition.

How to Get Started With Criminal Record Expungement

Call 317-636-7514 if you have a criminal record in Indiana that you would like to clean up this year. Our law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more, today.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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Remove Criminal Charges and Arrests From Your Personal Record in Indiana

Currently, in Indiana, you can expunge criminal offenses from your personal records.  If you have been convicted of a crime, or arrested for a crime, you may be eligible to have those records removed for good!  Drunken driving charges, public intoxication arrests, driving violations, and more can all be hidden from potential employers, public records, home leasing contracts, and more. 

Criminal Record Expungement Attorney
Criminal Record Expungement Attorney 317-636-7514

Start By Hiring a Qualified Lawyer

Although a person can now expunge criminal records in Indiana, it is highly encouraged (arguably mandatory) to hire a lawyer for accurate assistance. Since you can only file for criminal expungement once in a lifetime, it is important to file your petition with 100% precision and correctness. Even a minor spelling error can jeopardize the outcome of your expungement approval.

Act Fast While There’s Still Time

In addition to precision petitioning, you must act fast before the new law is no longer in affect. Many interest groups were against this law being passed in the first place, so it could be repealed at any time. This possibility makes this law a once in a lifetime chance to clear your criminal history and get better job and housing opportunities for your family. Take action fast before this law goes away. It is a very unpopular law and can be repealed any day now.

Contact Expunge Criminal Record Indiana to get started on your petition as soon as today. We are highly experienced and licensed criminal defense attorneys who have a special practice dedicated solely to Indiana criminal record expungement clients and cases. Since before the new law was passed, our criminal defense attorneys have been fervently studying the new Indiana Second Chance law. We are the criminal defense lawyers to trust when it comes to expunging your criminal records the right way.

If You Don’t Qualify for Expungement

If you do not meet the eligibility requirements for criminal record expungement, you may still qualify for record sealing or “shielding.” Your licensed criminal defense lawyer can make this determination for you, but the primary differences between expungement and sealing is who can access the records and who cannot. See our blog, “What is the Difference Between Expunging and Sealing a Criminal Record?” to learn more.

Think you can’t afford it? YOU ABSOLUTELY CAN!

We offer criminal expungement services starting as low as $850! Furthermore, we offer free initial consultations so that you may discuss your case without any out-of-pocket obligations. Call 317-636-7514 if you would like to petition for restricted access or criminal record expungement in Indianapolis. We are eager to help you reform your criminal record so that you can have the quality of life you and your loved ones deserve.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514
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