Can I Apply for Expungement With a Pending Criminal Charge?

Posted on October 31, 2019 by admin

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.

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.

What is the Current Status of the Indiana Expungement Law?

Posted on July 30, 2019 by admin

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

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

Frequently Asked Questions About State and Federal Law

Posted on May 31, 2019 by admin

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.

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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.

Remove Criminal Charges and Arrests From Your Personal Record in Indiana

Posted on May 24, 2019 by admin

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.

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

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.

Groups of Individuals Who May Be Eligible for Indiana Expungement

Posted on March 29, 2019 by admin

The new Indiana Second Chance laws certainly provide a load of benefits and better opportunities for past offenders. However, not everyone is eligible for criminal record expungement, and perhaps not even for criminal record sealing. Continue reading to learn which groups of individuals with past criminal records may be qualified, as well as, how to get started on your expungement petition.

Indiana’s Second Chance law (IC §35-38-9)

⚖ Found Not Guilty (IC §35-38-9-1):

So long as you were found “Not Guilty”, or your charges did not result in juvenile adjudication or a conviction, you may be eligible for expungement. Furthermore, if your charges did end up in juvenile adjudication or a conviction, you may still be eligible if your conviction was later vacated on appeal.

⚖ Convicted of a Misdemeanor (IC §35-38-9-2):

If you were convicted of a misdemeanor, or Level 6 felony offense that was ultimately reduced to a misdemeanor, you may be eligible for expungement.

⚖ Convicted of a Felony (IC §35-38-9-3 and §35-38-9-4):

So long as your felony conviction was not for a violent crime, sex crime, murder, human or sexual trafficking, a felony that resulted in serious bodily injury, or any another type of violent crime, you might be eligible for expungement. You are not if you were convicted while a candidate for, or in office as, an elected government official.

⚖ Convicted of a Violent or Sexual Felony (IC §35-38-9-5):

Those convicted of a violent or sexual-related felony may be eligible for expungement depending on various specific factors. Talk to a criminal defense lawyer to learn your eligibility as a past offender convicted of a violent or sexual felony. You are not eligible if you are a sex offender, or convicted of a violent crime, such as murder, human or sexual trafficking, a felony that resulted in serious bodily injury, and more. Furthermore, you are not eligible if you were convicted while a candidate for, or in office as, an elected official.

How to Start Your Expungement Petition

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!

What Happens to My Criminal Record if the Prosecutor Didn’t File Charges?

Posted on January 31, 2019 by admin

In some cases of arrests, the state prosecution might decide to not file charges against a defendant. This decision might come for a number of reasons, from mistaken identity and false accusations, to lack of evidence and actual innocence. Whatever the reason your appointed prosecutor decided to not file criminal charges against you, you might still be filled with a list of questions, mostly concerns for your reputation and future.

Continue reading to learn what your criminal record might look like after being arrested, and ultimately, having no charges filed against you.

Indiana Criminal Record Expungement Law Firm 317-636-7514

Arrest Records

An arrest record is just a part of your overall criminal record. This means that even if criminal charges were never filed against you, your criminal record will still show the event of arrest. Of course, it will also show that no charges were ultimately filed. The arrest will be detailed as a “detention”, meaning a hold in custody followed by a release. It will also detail the type of charges you were arrested on, such as drug possession, drunk driving, theft, or assault.

Most people feel very lucky when prosecution does not file charges against them, but this swift wind of luck is not enough to put your mind at ease. Your personal record, available to the entire public, will show that you were arrested on particular charges. Friends, dates, employers, school admittance offices, and more, can all view your public criminal record. Even though you were not charged for the crime you were detained for, the mark on your record can still cause ripples in your life down the road.

What You Can Do

Even after prosecution does not file charges, there is still work to be done on your part. Although it is optional, you should take your legal journey a step further to ensure your reputation is protected down the line. You can do this by looking into your state’s expungement and record sealing laws. You may qualify to have the arrest record hidden or eliminated from your public criminal history. If you are a Hoosier, talk to a seasoned Indianapolis criminal defense lawyer who specializes in Indiana criminal record expungement to learn when you will be eligible.

A Criminal Record Expungement Lawyer You Can Trust

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.

What is the Seven Year Rule for Arrest Records?

Posted on December 31, 2018 by admin

Continue reading to learn about the “Seven Year Rule”, and confirm where your arrest record stands.

If you are preparing to interview for a new job, you must also prepare yourself to answer questions about your past. And if your past involves an arrest or criminal conviction, you might be wondering what exactly is going to show up on your background check. Understanding this information is key in order to have the right response for your potential employer, especially since they may already know what’s on your criminal history before you even sit down for your interview.

If you think it has been too long since your last arrest, you may also feel at ease being under the impression that it will not appear on a criminal background check. But be very careful; depending on the circumstances of your arrest, it might stay on your permanent record indefinitely. Other types of arrests will be sealed after a certain amount of time. This is known as the Seven Year Rule, and may apply to your criminal history.

The Seven Year Rule

The Fair Credit Reporting Act (FCRA) prohibits reporting agencies from sharing non-conviction arrest records with employers after 7 years has passed from the date of the arrest. This practice is known as the Seven Year Rule. But before you get too excited, keep in mind that this rule only applies to non-conviction arrests. These are arrests that, although occurred, never led to a conviction. Here are some examples of arrest scenarios that do not end in a conviction:

You were with a group of peers who are engaging in vandalism. The entire group was caught and arrested on vandalism charges. Later, the state determines that you were not an active participant in the vandalism, they do not press charges against you. You have an arrest on your record, but no conviction.

You were out with friends on New Year’s Eve and had too much to drink. You were caught by police arguing with your girlfriend, and detained on public intoxication charges. You spent the night in the drunk tank, but charges were dropped and you were not convicted of a crime.

Criminal Record Expungement

For arrests that did end up in a conviction, the only way to hide them from being listed on public background checks is through expungement. Otherwise, they will remain on your personal record forever. Talk to a licensed criminal defense lawyer who specializes in Indiana criminal record expungement services to learn if you qualify. There are several complex rules and stipulations for criminal record expungement eligibility, and the process to petition is highly complex; hiring a lawyer is your best chance at navigating the process accurately and efficiently.

How to Expunge Criminal Records in Indiana

Call 317-636-7514 to expunge criminal records in Indiana. We offer criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the new 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.

Here’s a Fun Acronym to Help Clear Your Arrest Records!

Posted on December 15, 2017 by admin

A new law regarding criminal record expungement has recently been passed in Indiana. This means certain people now qualify to have their criminal records eliminated from public records. It is Indiana’s first comprehensive criminal record expungement law. This is a significant opportunity that will open numerous doors for anyone previously arrested, charged, or convicted of misdemeanor and felony infractions. Peace of mind, employment opportunities, housing options, loans, and a clean record are just a few examples of how the new expungement law can help people with criminal records. Below is a fun acronym that will help you learn, understand, and get started in the criminal record expungement process in your town!

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EXPUNGEMENT

E – Eligibility. You must learn your eligibility for criminal record expungement. Unfortunately, not everyone qualifies.

X – Xerox. After you expunge criminal records, it’s time to get your job application Xeroxed and ready because you will have more employment opportunities available to you!

P – Public Record. Your criminal history will be sealed or hidden from the public. People, employers, and banks will not have access to your past arrest records.

U – Undue Hardship. You will not have to face the undue hardship that comes with having a criminal record. Sealing or expunging your criminal history will make life easier.

N – New Indiana Law. The criminal record expungement law is relatively new still. It might not last forever. So be sure to take advantage of it while you still can!

G – Government. Governmental entities will be the only ones who can access your expunged or sealed criminal records. The rest of the general public will not have access at all.

E – Embarrassment. By sealing or expunging your criminal records, you no longer have to hold on to the shame of having a criminal past. It makes first dates much easier too!

M – Misdemeanors. Misdemeanor and felony arrest records can be sealed or expunged so long as they meet the prerequisites for eligibility.

E – Earn. You will earn the right to several privileges you did not have before. Student loans, mortgages, employment opportunities, promotions, housing, and more are just a few to name.

N – Negation. Once your criminal records are officially expunged or sealed, you can legally deny them on job applications and more. It is not lying!

T – Teens. Teenagers and minors have record expungement options too. Just be sure to talk with a seasoned Indianapolis criminal record expungement lawyer to learn everything you need to know.

Indianapolis Expungement Lawyer

Criminal Record Expungement 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn your eligibility for Indiana criminal record expungement and restricted access. Our criminal defense law firm offers free initial consultations to do just that! That means no out-of-pocket charges to see if you qualify! And rates start as low as $850 of those who do! Call 317-636-7514 to schedule your consultation for criminal record expungement, today.

FAQs About Indiana Criminal Record Expungement

Posted on October 31, 2017 by admin

Criminal record expungement is an understandably complex topic. Many people are just as confused as you are; so use these frequently asked questions and answers to help!

Criminal Record Expungement 317-636-7514

Do you have a past criminal record in Indiana from years ago? Have you had questions about the new criminal record expungement laws and regulations? Fortunately, there are trustworthy sources of accurate information regarding your expungement concerns. The best route to take is speaking with a licensed criminal lawyer that specializes in criminal expungement services. It is important to choose an attorney that is well-versed in the new Indianapolis criminal expungement laws, since some are not. Continue reading to get some quick answers to some frequently asked questions about expunging criminal and arrest records in Indiana.

If I Don’t Know What’s On My Criminal Report, How Can I Find Out?

The best way to get a copy of your criminal history is to contact the local sheriff or clerk’s office in the county of your offense. They should be able to provide a records you need. If you have offenses in more than one county, it would be most efficient to have your expungement lawyer recover these documents for you. They have resources that make locating multiple crime records, easier.

What Do I Do If I Have Multiple Cases?

You will need to file a petition for expungement for each case in their separate counties. An experienced expungement lawyer will know how to efficiently and effectively do this for you. You can expunge multiple convictions at once, if you meet the eligibility requirements.

Am I Eligible?

There are several limitations and prerequisites you must meet in order to be an eligible candidate for expungement. For example, to be eligible to expunge arrest records, the arrest couldn’t have led to charges being filed against you, or the charges were later dropped as a result of mistaken identity. Basically, the court must find that there was either no crime committed, or not enough probable cause for the arrest. This is just one facet of the many stipulations involved with the expungement process.

How Does the Process Work?

Contact a trusted criminal defense attorney that specializes in expungement services, and they will navigate the entire process for you, in a safe and secure manner. You start by filing a petition, and several other forms and documents, and may even have to attend certain hearings.

Can I Be Denied?

Yes. The most common reasons to be denied include inaccuracies in court files, inaccuracies in applications, having additional pending charges, and not meeting the required waiting period. Talk to your lawyer about preventing these mistakes from happening. You only get one chance to file for expungement, so just one simple mistake can take that opportunity away forever.

Are the Benefits of an Expunged Record Worth the Effort?

If your arrest records are expunged, your fingerprints, mugshot, and all other documentation regarding the arrest and subsequent charges will be withheld from public access, including employers, loan officers, landlords, and more. Only law enforcement and government agencies will still retain these records. You can feel confident renting a home, applying for a loan, or going for that promotion, without fear of your criminal record holding you back.

Criminal Record Expungement in Indianapolis

Criminal Record Expungement 317-636-7514

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.

Am I Eligible For Criminal Record Expungement?

Posted on July 25, 2016 by admin

Every state observes the laws of criminal record expungement differently. So depending on where your arrest or charges took place, the eligibility requirements may vary. In Indiana, legislation supports the notion that anyone who has an arrest on their record that never resulted in criminal charges deserves an opportunity to clear their arrest from the system. This is called expunging a criminal record, and is legal under various stipulations in Indiana.

For starters, a person must qualify for criminal record expungement, and the eligibility requirements are strict and complex. Continue reading to learn the eligibility requirements for criminal record expungement in Indiana, and who to call to get started as soon as today!

Eligibility Requirements in Indiana

There are several requirements that must be met before a person can expunge an arrest from their record. But overall, in order for a person to qualify for criminal record expungement one of two scenarios must be true:

1. Their arrest must never have led to criminal charges;

2. Their charges were later dropped because: a) no crime was committed, b) mistaken identity, or c) no probable cause.

Here is an example:

Becky is a 16 year old high-school student who went to the mall to return a scarf she had bought the week before. She carried the scarf into the store in a shopping bag that was from another store. She didn’t go straight to the return counter because she saw some sales racks she wanted to look through first. The lady working the register approached her, and then found the scarf in her bag. Since Becky forgot her receipt, the lady assumed she had shoplifted the scarf, so she called the police. Becky was arrested on the spot and taken into custody. Later, the evidence showed she was in fact, not shoplifting, but simply forgot to bring her proof-of-purchase. In this scenario, Becky could have her shoplifting arrest expunged since charges were never filed against her. That way, the arrest will never show up on a background check.

In Indiana, criminal convictions cannot be expunged. Talk to a criminal record expungement attorney to see if you qualify.

File for Criminal Record Expungement

Call 317-636-7514 to file for criminal record expungement in Indiana. We are a seasoned criminal defense law firm that is well-versed in the laws and process surrounding Indiana criminal record expungement. We offer free initial consultations to determine your eligibility, so there is no out-of-pocket obligation to find out if you qualify! Call 317-636-7514 to get started, today.