The end of the year is already near, making it hard to stay focused on important legal matters. With so many joyous occasions and celebrations on the schedule, your arrest record sealing goals could wind up taking a back seat. If you are wondering whether it’s too late to complete your criminal record expungement petition, continue reading to learn what you need to know before Christmas is here.
Criminal Record Expungement During the Holidays
The process of criminal record expungement can be long. From start to finish, it can take anywhere from a few weeks to several months; possibly even a year or more. So, if you have already begun the process of criminal record expungement, you have a chance at being granted approval before the year is up.
However, if it has only been a few weeks since you’ve submitted your petition, you will likely have to wait until next year. Since the holidays are ahead, courtrooms and legal offices will be operating on holiday hours, which are restricted. There is also a staff shortage, which has limited such schedules further.
If you have not yet begun your criminal record expungement or sealing petition, there is little to no chance that the process will be completed before Christmas. You can, however, hire a criminal defense attorney who provides expungement assistance and get the process in motion in a matter of days. Once the holidays are over, court and legal office schedules will be active once against.
Not sure when your criminal charges qualify for Indiana’s Second Chance Law? Continue below to review some of the most common types of crimes in the state, and how long you must wait before you are eligible to seal or expunge such records.
Common Indiana Criminal Offenses and General Penalties
When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the jurisdiction they committed the crime in. Some counties charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more.
As of July 2012, a new public intoxication law was modified. Indiana Code 7.1-5-1-3 now states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for public intoxication if they are endangering their life or the life of other, breaching the peace or in imminent danger of breaching the peace, or harassing, annoying, or alarming another person or group of people.
Graffiti is a form of property damage that falls under the crime of criminal mischief. Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.
In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen. Stolen property less than $750 is a class A Misdemeanor, stolen property between $750 – $50,000 is a level 6 Felony, and stolen property greater than $50,000 or a motor vehicle is a level 5 Felony.
If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.
Without the addition of enhancements, a first DUI is typically a Class C Misdemeanor, which comes with a sentence of 60 Days to 1 Year in Jail, Probation Up to 2 Years, License Suspension Up to 2 Years, Fines Up to $5,000, and more. A second or third DUI is typically a Level 6 Felony, which comes with higher penalties.
All heroin arrests are felony offenses in the state of Indiana. Heroin is a Schedule 1 drug. Even possession under a few grams of heroin is a Level 6 felony. That comes with a potential penalty of 6 months to 2 1/2 years in jail, with an average of one year, as well as, fines probation, court orders, limited freedoms, and more.
Evasion of tax is a Level 6 Felony offense in Indiana, which is punishable by 1 year or more in prison, fines up to $10,000, various court-ordered penalties, and a life-long felony record. Failing to preserve one’s tax records for the Department of Revenue (DOR) to review is also a crime, charged as a Class A Misdemeanor and punishable by up to 1 year in jail, up to five thousand dollars in fines, and additional court-ordered penalties.
When Can Criminal Charges Be Expunged or Sealed?
In order to remove arrest and conviction records from your criminal history, you must pass the Indiana expungement eligibility requirements to move forward in your case. There are several requirements, from not having any current or pending charges against you to having a valid drivers’ license, completion of all sentencing orders, and more. As for timelines, here is a guide on how long it takes for a record to be eligible for expungement or sealing in Indiana:
► ARREST RECORDS – 1 Year Following Arrest ► MISDEMEANORS – 5 Years Following Arrest ► FELONIES REDUCED TO CLASS A MISDEMEANORS – 5 Years Following Arrest ► LEVEL 6 FELONIES – 8 Years Following Arrest ► HIGHER UP FELONIES – 8 Years Following Arrest
*Eligibility for felony expungement excludes convictions involving sex offenses, elected official misconduct, or felonies resulting in serious bodily injury.
If you are looking to obtain a hard copy of your Indiana criminal records, it is important to understand that the process is not as easy as making a phone call or clicking a download button. In fact, you may have to try more than one source to get a full report. Continue reading to learn the top 3 options that will be most effective when requesting your past criminal records in Indiana.
Local, State, and Federal Records
As mentioned, there is no cumulative database for your criminal records. Depending on the counties and states you have offenses in, you may need to look in multiple places to get a full copy of your criminal records. If you have only one infraction on your record, obtaining a full report is simple so long as you know which level of government your record falls under. Local records, state records, and federal records are all different.
Felonies are generally reported to the Federal Bureau of Investigation (FBI). If your conviction was a federal offense, you will need to visit the official FBI website and request a criminal history summary by filling out an application information form. This service is not free and may cost up to $18 or more depending on current rates. You will need to send in a money order or certified check through the mail or pay via electronic payment.
State and Local Offenses
For all other criminal offenses, you will need to contact the state or local authorities where your crime took place. The avenue in which to do this varies from place to place, so start by calling the Department of Justice or state law enforcement department. From there, they can get you in touch with the proper resources for obtaining a copy of your criminal records. The process of obtaining your state and local criminal records vary as well. However, you can expect to be asked to present payment, identification, documentation, and more. It generally takes between 2 and 4 weeks to get results in the mail.
The laws and procedures for criminal record expungement and sealing vary from state to state, so it is important to discuss your state’s particular ordinances with a licensed criminal defense lawyer who is well-versed in the new law. As a resident of Indiana, continue below to learn which criminal records you may be able to expunge, and which are not eligible ever under state law.
What May Qualify and What May Not
Records That May Qualify:
► Arrest Records (As Long as No Conviction Resulted)
► All Misdemeanor Criminal Charges and Convictions
► Class D Felony Charges Reduced to Misdemeanors
► Class D Felony Convictions (Such as: OWI/DUI with Priors, Theft, Possession, Fraud, Intimidation, etc.)
► All Other Felonies (Excluding Sex Crimes, Felonies Resulting in Serious Bodily Injury, Elected Official Misconduct, Human Trafficking, Violent Crimes, Homicide, etc.)
**The excluded felonies may be expunged by a court under specific circumstances. Call 317-636-7514 to learn these qualifications.
**Generally, a person cannot expunge violent crimes or sex crimes.
Felonies That Cannot Be Expunged in Indiana:
☇ Murder ☇ Involuntary/Voluntary Manslaughter ☇ Human Trafficking ☇ Reckless Homicide ☇ Feticide ☇ Causing or Assisting Suicide ☇ Transferring Contaminated Bodily Fluids ☇ Rape ☇ Kidnapping ☇ Sexual Misconduct with a Minor ☇ Child Solicitation/Molestation/Seduction ☇ Sexual Battery ☇ Vicarious Sexual Gratification ☇ Criminal Deviate Conduct ☇ Unlawful Employment Near Children by Sexual Offender ☇ Internet/Residency Sex Offender ☇ Inappropriate Communication with a Child ☇ And More
What Happens if Your Expungement Petition is Granted?
CRIMINAL RECORDS ARE REMOVED FROM:
☇ Court Files ☇ Police Records ☇ Department of Correction Files ☇ Drivers’ License Branch Files ☇ Substance Abuse Counselor Records ☇ And More
IT IS ILLEGAL FOR ANY INSTITUTION OR EMPLOYER TO:
☇ Suspend ☇ Expel ☇ Refuse Employment ☇ Refuse Admittance ☇ Deny Permits or Licenses ☇ Discriminate in Any Way ☇ Ask About Sealed or Expunged Records
RIGHTS RESTORED AFTER EXPUNGEMENT IS GRANTED:
☇ Right to Vote ☇ Right to Hold Public Office ☇ Right to Own/Possess a Firearm (unless otherwise prohibited by law) ☇ And so much more!
Are you ready to learn if you qualify for criminal record expungement in Indiana? Contact us at 317-636-7514 to schedule a free initial consultation with an experienced expungement lawyer in Indianapolis. Our Indiana criminal expungement services start as low as $850!
Many people with criminal records dating back decades or more often wonder if their conviction will just automatically disappear, or fall of their permanent record. If you were convicted of a crime several years ago, or perhaps even a generation ago, do not put much time or energy into believing this common myth. Criminal convictions are forever; that is why they call it a permanent record. Fortunately, if your conviction really was a long time ago, you already meet one of the most impactful criteria for Indiana criminal record expungement: time.
Continue reading to learn what Indiana’s Second Chance Law can do for you now that your conviction is so far back in history, as well as how to learn your eligibility for criminal record expungement this year.
Criminal Matters Stay on Your Record Forever
Although traffic violations are known to fall off your driving record after so many years, as advertised by many insurance companies, criminal records are not so lucky. Once convicted, or even arrested and charged, that incident and information remain on your public, permanent record, your whole life, and even after you die. Unfortunately, regardless of how long ago, or how circumstantial your conviction might have been, it certainly does its job of holding you back from true glory in life.
How Criminal Records Hold You Back
A criminal record can impose challenges when getting a job, facing a promotion, renting a home, obtaining a professional license, getting a bank loan, applying for college or graduate school, and even dating! Your criminal record can be accessed by anyone who tries to find it, including employers, landlords, admissions offices, Deans, police officers, government officials, and as mentioned, potential dating partners.
How You Can Make Your Conviction Go Away
Indiana’s Second Chance Law was passed several years ago, allowing those who qualify to seal or expunge criminal records, whether that be arrests and/or convictions. As mentioned, one of the most important prerequisites to meet for being eligible for criminal record expungement is time. A certain amount of time must have passed from the date of your conviction in order to meet the first qualification. Keep in mind, there are several other factors that influence eligibility requirements for criminal expungement in Indiana, including the type of crime you were convicted of, your current legal matters, and more.
How to Know For Sure
Talk to a certified criminal defense lawyer who specializes in criminal record expungement in Indiana. Not only can they determine whether or not you qualify, but they can also help you with your petition and meet all of the necessary deadlines. You only get one chance to apply, and a little error can revoke your chance forever. An Indiana criminal record expungement lawyer can make sure your petition is correct and meets all requirements and deadlines.
Where to Get Criminal Record Expungement Help in Indianapolis, Indiana
Call 317-636-7514 to get started on the Indiana criminal record expungement application process. We provide a wide variety of resources and services concerning the new Indiana expungement laws, and most misdemeanors and many felonies can now be eliminated from criminal history records. All first consultations are free, and once we examine the variables surrounding your case, our attorneys can identify whether or not your criminal record can be expunged. You can call anytime and speak with a professional legal representative about scheduling your first consultation to expunge criminal records in Indianapolis, Indiana. Contact us to learn more, today.
Since Indiana passed the criminal record expungement laws, many people have marveled at the opportunity to clean up their criminal histories and start a new life, career, family, and more. But, as it the old saying goes, “all good things come to those who wait,” those who want to expunge their criminal records must wait until they are eligible, if eligible at all. You see, there are requirements you must pass in order to qualify for criminal record expungement. One of the common qualifications that vary depending on the crime is time. As for felonies, the time is even longer.
Continue reading to learn how much longer you must wait to be eligible to expunge your Level 6 felony, or Class D Felony in Indiana.
How Long Must You Wait to Clear Up Your Felony Record?
The Second Chance Law in Indiana
Indiana passed some laws a few years back, known as Indiana’s Second Chance Law, that allows those who qualify to remove or seal their criminal records from public access, including schools, employers, and standard people. Although there are several prerequisites for qualifying for criminal record expungement, the most basic and congruent across the board is time. As for Level 6 Felonies, which to some are actually Class D Felonies from before the moniker was changed, Indiana makes you wait at least 8 years from the date of the conviction, not the date of the arrest.
The Indiana Criminal Code changes to the felony criminal punishment scale took effect on July 1, 2014. What used to be categorized as a Class D Felony is now called a Level 6 felony.
Class A Misdemeanor Expungement
There are many defendants whose Level 6 felonies are reduced to Class A Misdemeanors. It is common for Level 6 felonies to be called “wobblers” in the criminal industry because they are crimes that tend to border on the line of two levels of punishment. In this case, the defendant convicted of a Class A Misdemeanor after it was reduced from a Level 6 or Class D felony, can qualify for Indiana’s Second Chance Act after 5 years from the date of the conviction.
Where to Get Criminal Record Expungement Services in Indianapolis
Call 317-636-7514 for criminal record expungement services in Indianapolis, Indiana. We are well-versed in Indiana’s Second Chance Law, and can help you seal or expunge criminal records in all Indiana counties. Our services are economically-priced, and start as low as $850! Contact us to schedule a no-risk consultation for criminal record expungement in Indianapolis, IN today.
New Year’s Resolutions are a steadfast tradition among various cultures, religions, and ethnicities all across the world. From making more money to getting more fit, people resolve to do many things in the coming New Year. And why not? After all, the start of a brand new year is the perfect time to start a brand new you. But if your New Year’s Resolution is to get a better job, whether better paying, better located, or better quality, honoring your resolve might not be as easy as some of the other resolutions.
However, if a criminal record is the very stigma holding you back from reaching your business or career goals, you can change this in the New Year. By petitioning for criminal record expungement, you can hide or seal your criminal record, and thus place yourself in a better and more hire-able position. Whether it’s that promotion you’re after, a bigger paycheck, or simply to be happier in your profession, criminal record expungement might be the exact answer you’ve been looking for all the time.
Continue reading to learn how it works, how to qualify, and how to get started on your petition in the New Year.
Wipe Your Slate Clean to
Get Better Pay in 2021!
A Cleaner Record Sets the Path for a Better Career
Those with criminal records, especially recent arrests or convictions, or very serious ones, understand the struggle with getting a good job. These days, running a background check on a potential hire is as easy as logging into your favorite app, or submitting an email. There are many innovative portals and online resources that allow the public to access a person’s criminal history at just a click of a button. Most background check portals are free, but the more comprehensive ones, such as the ones used by employers interviewing potential hires, are not free.
How Criminal Expungement Works
Also known as the Second Chance Law here in Indiana, criminal record expungement ordinances allow those with past arrests, criminal charges, or criminal convictions to seal or hide their records from the general public. This would include any potential employers. Now, not everyone qualifies, or just, not yet qualifies. Not only do you have to wait a certain number of years from the date of the arrest or conviction, but you must also have remained a law-abiding citizen ever since. These are just the two primary prerequisites, as there are many more.
It is important to hire a criminal defense lawyer who specializes in criminal record expungement services to represent your petition. There are many reasons for this. First, expungement petitions are incredibly complex, and one tiny error can cause your petition to be denied, forever. It is forever because petitioners can only file one time for expungement. If you are denied, for let’s say a missed deadline, or using white paper when it should have been green, you lose your chance of ever filing again. It is also important to hire a lawyer to confirm that you are eligible. As mentioned, the prerequisites are quite detailed, and vary from individual to individual.
Once you are granted criminal record expungement rights, by law, potential employers must treat you as though you were never arrested or convicted of the expunged offense or offenses.
How to Start a Petition for Criminal Record Expungement in Indiana
Call our Law Office at 317-636-7514 to learn your eligibility for criminal record expungement in Indiana. We are skilled criminal defense lawyers who 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.
Now that Indiana allows those with past arrest and criminal records to expunge or seal them from public access, you might be ready to clean up your criminal history and start a new life. Not sure what to expect after you have been granted criminal record expungement or sealing? Continue reading to learn what type of life you can expect to lead once your criminal history is no longer holding you back from opportunity.
The Top Benefitsof Record Expungement
The chief benefit to expunging criminal records is preventing this type of access to personal information. You see, if a person is granted criminal record expungement, their past arrests and criminal histories are expunged permanently from their legal profile. Criminal expungement can offer countless benefits for the previously charged and accused, even persons with felonies on their record!
It Comes With Certain Limitations
There are many stipulations and limitations when it comes to applying or assessing eligibility for expungement. For example, a person could only file or applied one time in their life; and if any paperwork or application process is done incorrectly, this person loses their opportunity to expunge the criminal records forever. To prevent this from happening, people are highly encouraged to hire a licensed attorney to facilitate application process for you. Continue reading to learn what you can expect what’s your criminal records are expunged.
Important InformationYou Need to Know
Here are several scenarios, advantages, benefits, and circumstances that a person can expect to experience if they are granted criminal record expungement and have their arrest records and more restricted from public access permanently:
► Misdemeanors, Arrests, and Most Felonies are Concealed on Personal Records
► Employers, Landlords, and the General Public Cannot View Criminal or Personal Records on Background Checks
► More Opportunities for Employment are Available
► Criminal and Arrest Records are Removed from Court Files, Drivers’ License Branches, Department of Corrections’ Files, Substance Abuse Counselor Records, Police Records, and More
► Various Personal Rights are Restored
► Driving Records Can Be Repaired
► Embarrassment and Personal Shame Greatly Diminish
► Peace of Mind Having a Clear Record
Unfortunately, not everybody will qualify for expungement. As mentioned before, there are various restrictions and prerequisites that a person must meet in order to be eligible and receive a grant to have their records expunged. For example, for arrest and misdemeanors to be expunged it must be at least five years since the initial arrest. These types of restrictions are the kind of prerequisites you can expect when applying for expungement.
Where to Get Help With Criminal Record Expungement 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.
When a person has a criminal record, it can create a downhill spiral of consequences for life. Whether a person was arrest, convicted, or both, a record will hold them back from certain benefits and advantages in normal society. Taking out a bank loan, applying for a job opening, renting an apartment, and more can create obstacles for someone who has been arrested or convicted of a crime. The good news is that a person can now have their arrest records purged in certain states if they qualify. The better news is that teenagers can also petition for criminal record expungement in Indiana.
Continue reading to learn what you need to know about juvenile criminal record expungement in Indiana, including how to turn in an application before the end of the year.
The Definition of a Juvenile
An individual who is 17 years old or younger is considered a juvenile in the eyes of the law. When a kid under the age of 18 years old is arrested for a crime, they are generally charged as a juvenile. But if they are over the age of 14, and the crime they committed was a serious felony, the courts and state may decide to try them as an adult. In these cases, the crimes are pretty serious or extensive. Courts do this to not only set an example, but to also make a point to service the right amount of justice where deserved.
To clear up the confusion, a minor is someone who is restricted to do something due to their age, such as smoking, drinking alcohol, and voting. A juvenile can be a juvenile and a minor, while someone who is 18 is not a juvenile, but being under the age of 21 makes them a minor in terms of alcohol.
When a Juvenile is Tried as an Adult
If a minor is over the age of 14, and the crime they commit is serious, the state may decide to try them as an adult. In terms of expungement, a juvenile must wait a certain number of years, without committing any other crimes in between, before they can even qualify at all. Once this time limit is up, generally between 5 and 8 years, they can begin to inquire about further eligibility. But some crimes are never eligible for expungement, including murder, sex crimes, arson, human trafficking, and more.
Expunging Misdemeanor Arrests
If a minor was convicted of a lesser crime, such as a misdemeanor or Level 6 felony, there is possibility for expungement. Depending on their past criminal history, this eligibility may change. Whether a juvenile was tried as an adult or not, there may be a chance for qualification. Each individual case is different, which is why it is important to consult a licensed criminal lawyer for accurate evaluation and
How to Turn in Your Juvenile Expungement Application 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. Don’t let price worry you.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 Indiana expungement law and get your criminal record expunged this year!
Now that you are aware there is an option for expunging or sealing arrest records, you might be eager to get started. But before you do, you must first determine if you are eligible yet. Continue reading to learn whether or not right now is a good time to petition for expungement, as well as, how to get started on your application.
Timing is Vital With Expungement Petitioning
There are various factors that influence a defendant’s eligibility for expungement because there are several requirements and restrictions set by the state. One of the central elements to being eligible is the amount of time that has passed since your last arrest or conviction. These time limitations and similar prerequisites vary from state to state, so it is important to discuss your eligibility with a licensed criminal defense lawyer who is well-versed in the new laws and procedures.
Eligibility for Criminal Record Expungement or Sealing
If you are currently on probation or parole, or have pending criminal charges against you, now is not the time to start your petition. However, if you are more interested in expunging criminal records from a long time ago, you may still have a chance. Again, you must consult a seasoned criminal defense lawyer for assistance in determining your eligibility status.
Aside from time and current criminal charges, another important factor is the type of criminal records you wish to expunge or seal. There are two types of individuals that can petition for criminal record expungement: those who have been convicted of a misdemeanor or violation (or a series of them) arising from a single incident, and those who have been charged with a criminal offense but was 1) found not guilty, 2) charges were dismissed with prejudice, but not in exchange for a guilty plea or plea bargain.
Essential Tips for Choosing an Expungement Lawyer
The petition process is so complex and rigorous. For this reason, it is strongly encouraged to hire a criminal defense lawyer who specializes in expungement services, and who can assist you with the process. One of the rules to expunging a criminal record is that a person can only file ONCE IN A LIFETIME. If a spelling error or similar minor mistake is made during the filing process, it could revoke your chance to expunge your criminal record, forever. A lawyer will help you with every aspect of filing, paperwork, deadlines, and more, and ensure your petition is managed correctly.
How to Start Your Expungement Petition 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! 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!