A New Road Ahead: Tips for Cleaning Up Your Criminal Record

Posted on April 26, 2024 by admin

Having a criminal record can cast a long shadow over your life. It can limit your employment opportunities, housing options, educational endeavors, and even your ability to secure a loan. However, in Indiana, there’s a beacon of hope for individuals looking to wipe their slate clean—the expungement and record sealing process. If you’re an Indiana resident with a criminal history, this guide is your roadmap to understanding and navigating the path to a fresh start.

Call 317-636-7514 to Contact Our Expungement Law Firm in Indianapolis Indiana

The Power of Expungement and Sealing in Indiana

Many Hoosiers are unaware of the distinction and the immense power of expungement and sealing, but they can be life-changing mechanisms for those who qualify. Expungement is the statutory process that results in the extraction and isolation of all records on file within any court, law enforcement agency, detention center, correctional facility (jail or prison), or criminal justice agency concerning a person’s arrest, criminal charge, or conviction.

Sealing of criminal records means the removal of arrest and conviction records from public access, but the records are not fully destroyed and still exist in a restricted capacity. Both processes effectively hide your criminal history from non-governmental inquiries.

Who Is Eligible for Expungement in Indiana?

Intent on granting Hoosiers with a second chance, the state of Indiana has specific guidelines for determining who is eligible for expungement. Offenses that qualify under Indiana’s expungement law are generally non-violent and do not involve sexual or major drug offenses. In some cases, individuals may qualify if they can demonstrate that the purpose for which they seek expungement outweighs the public’s right to access the record.

To be eligible for expungement in Indiana, you must have completed all the terms of your sentence and any post-sentence requirements, be free from any new criminal convictions, and abide by waiting periods that vary depending on the nature of the crime. In the case of minor felonies, you must wait eight years from the date of the most recent conviction or release from incarceration, while for misdemeanors, this waiting period is reduced to five years.

The Application Process for Expungement in Indiana

The process for expungement in Indiana is not a simple one. It involves navigating various legal complexities and requires a comprehensive approach. The first step is to obtain your criminal history report, a crucial document that reveals the charges and convictions held against you. This will be a foundational piece of evidence used in court to argue for the expungement of your record.

Next, the expungement petition must be filed in the appropriate court, which is typically the court where the conviction occurred. The petition should include all relevant information, such as your biographical information, a list of criminal cases related to your request for expungement, and a copy of your criminal history report. It’s important to note that incomplete or improperly filed petitions can lead to delays or denials, making the expertise of a criminal defense lawyer extremely beneficial.

Once your petition is filed, it may be scheduled for a hearing. Depending on the court’s docket, this can take several months. The court will either grant or deny your petition following the hearing. It is at this point that you will be able to argue for the strength of your case to have your record expunged. If the petition is granted, the orders for expungement will need to be served on every agency listed in the petition and prove service to the court.

Post-Expungement Benefits in Indiana

After successfully expunging your criminal record in Indiana, you can proudly move forward with an enhanced quality of life. This process offers a second chance at a future that is unencumbered by the trappings of the past. You can legally state on job applications and rental agreements that you have not been arrested or convicted of the expunged crime, and employers are not allowed to ask about those expunged records.

The rights restored through expungement are comprehensive. They include the right to not have the expunged crimes considered personal financial obligations or sentencing enhancements, the right to engage in a non-restricted occupation licensure or certification, and certain property rights and interests will be reinstated.

Common Mistakes to Avoid When Pursuing Expungement

Understanding the nuances and intricacies of the legal system is beyond the reach of the average individual. That’s why one of the most common mistakes is attempting to file an expungement petition without legal representation. A single misstep, such as missing a required filing or using incorrect legal language, can lead to severe consequences, prolonging the timeline of your expungement or even leading to a denial of your petition.

Another mistake is not being thorough in disclosing criminal history. Complete transparency is vital. Any omissions or discrepancies can erode the trust of the judiciary and, potentially, affect the outcome of your petition.

Conclusion

For Indiana residents carrying the burden of a criminal past, the expungement and sealing process is a beacon of hope. It represents an opportunity to redefine your future, regain your lost rights, and take control of your narrative. By understanding the eligibility criteria, meticulously navigating the application process, and avoiding common pitfalls, you can significantly increase your chances of success.

The road to expungement is not an easy one, and it’s not a path that you should walk alone. By enlisting the support of legal professionals well-versed in expungement cases, you’re not just investing in your future, but you’re also investing in the peace of mind that comes with knowing you have a dedicated partner in securing your fresh start.

Take the first step towards a brighter future by learning more about expungement in Indiana and seizing the opportunity to clear your name. 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!

Starting Fresh: 4 Steps to Clean Up Your Criminal History as a Hoosier

Posted on March 25, 2024 by admin

For many people, the past isn’t just a memory—it’s a record. A criminal history can have a lasting impact on an individual’s life, affecting everything from job prospects to housing opportunities. Fortunately, the state of Indiana offers a pathway to a fresh start through the expungement and record sealing process. If you’re a Hoosier looking to turn the page on your past, this comprehensive guide is designed to walk you through the necessary steps to clear your criminal record and gain a new lease on life.

Call 317-636-7514 for Indiana Expungement Assistance - Starting at $850! — Call 317-636-7514 for Indiana Expungement Assistance – Starting at $850!

Indiana’s Second Chance Law at a Glance

In Indiana, the fairly-new criminal record expungement and record sealing laws, also known as Indiana’s Second Chance Laws, allows for limited access to certain criminal records by the public. Record sealing, on the other hand, makes it illegal to disclose sealed records to anyone, including most potential employers or landlords. For many, this legal remedy represents the potential for redemption, a second chance to redefine their narrative.

Removing or sealing past convictions can significantly improve your life. It can make it easier to find employment, secure housing, and participate fully in civic life. Studies have shown that expungement is linked to reduced recidivism rates, suggesting that people with clean records are less likely to re-offend.

How to Start Fresh With Criminal Record Expungement

Step 1: Hiring a Lawyer

While it is possible to file for expungement without legal representation, enlisting the help of a skilled criminal defense lawyer is highly recommended. An expungement attorney experienced in Indiana’s Second Chance Law will not only handle the entire process for you, but also provide invaluable support and advice.

Navigating Legal Loopholes

The expertise of a knowledgeable attorney can be essential in navigating the legal system. They can help ensure that you understand your rights, provide personalized advice based on your unique situation, and increase the likelihood of a successful expungement.

Choosing a Lawyer

When selecting a lawyer, look for one with a track record of successful expungement cases. Schedule consultations with several attorneys to discuss your case and determine who can offer the best representation. Remember to ask about their fees and payment plans, as cost can vary significantly.

The following steps are steps that your criminal record expungement lawyer will handle for you on your behalf. If you are planning to manage the petitioning process yourself, these next steps are the steps you will need to take.

Step 2: Assessing Eligibility

Not all criminal records are eligible for expungement. The Indiana legal system has specific criteria that individuals must meet to qualify for record clearing. Understanding these requirements is the critical second step to the expungement process.

Who Qualifies for Expungement?

In Indiana, individuals may be eligible for expungement if:

They have completed their sentence, including any probation or parole
A certain number of years have passed since the conviction, depending on the offense
They have no pending charges

Navigating the Criteria

The details of your case, such as the nature of the offense and your criminal history, will determine your eligibility. Work with your attorney to assess whether you meet the state’s criteria for expungement.

Step 3: Gathering Necessary Documentation

The road to expungement is paved with paperwork. You will need to gather a range of documents to support your expungement petition, such as court records, sentencing documents, and a criminal background check.

Document-Savvy Preparation

The key to a successful expungement petition is thorough and organized documentation. Be proactive in getting the paperwork you need, and be prepared to provide evidence of your rehabilitation since your conviction.

What You Need to Collect:

Certified copies of all court cases you wish to expunge
Records of any probation, parole, or other supervision
A report from the Indiana State Police that provides a criminal history background check

Accurately Organizing Records

Accurately organize and present these records to your attorney, who can help ensure that you have everything you need to present a compelling expungement case.

Step 4: Filing the Petition

Once you’ve determined your eligibility and collected the necessary documentation, it is time to officially file your expungement petition. This is a formal legal process that must be completed with care and attention to detail.

The Petitioning Process

Work with your attorney to draft and file the petition. They can ensure that your petition meets all legal requirements and that it is filed in a timely manner. Your expungement petition should be filed with the court where you were convicted. It will include a description of your case, the charges you are seeking to expunge, and the reasons why you believe you should be granted an expungement.

What to Expect

The court will review your petition, and you may be required to attend a hearing. At the hearing, you will have the opportunity to present your case for expungement. The court’s decision will be based on various factors, including the nature of the offense, your criminal history, and your post-conviction conduct.

Following Up and Moving Forward

Obtaining an expungement doesn’t mark the end of your story—it’s a new beginning. Now that your record is clear, it’s time to take full advantage of the opportunities available to you.

Post-Expungement Life

With a clean criminal record, you are free to pursue employment, education, and other aspects of your life without the burden of past convictions. Take advantage of community resources, support networks, and continuing legal counsel to help you thrive post-expungement.

Advocating for Awareness

Sharing your expungement story can be a powerful way to advocate for others seeking a fresh start. By speaking out about the process and its impact on your life, you can help raise awareness and encourage others to pursue expungement.

Conclusion

For those who have struggled with the weight of a criminal past, the expungement and record sealing processes present a beacon of hope, a chance to rewrite life’s next chapters in a positive light. By following the four steps outlined in this guide—hiring a lawyer, assessing eligibility, gathering documentation, and filing your petition—you can set the wheels in motion for a legal rebirth. Remember, the process may be extensive, but the rewards of a clear record are immeasurable.

Why Go Through With It?

Cleaning up your criminal history is both a personal and legal victory. It signifies an acceptance of responsibility for past actions and a commitment to a future free from the shadows of your past. If you are a Hoosier looking to reclaim your life from the tarnish of a criminal record, remember that the system is designed to help you. Empower yourself with knowledge, seek the assistance of legal experts, and take the proactive steps necessary to secure your right to a fresh start. After all, every individual is worth the opportunity to overcome and thrive, and Indiana’s Second Chance laws are the key to unlocking that potential.

You don’t have to be afraid of your future employer or loan officer running a background check on you anymore. Contact our licensed criminal defense lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Our fees start as low as $850, and initial consultations are free!

Can I Expunge My Arrest Records Before Christmas?

Posted on December 8, 2021 by admin

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.

Fast Criminal Record Expungement Indiana

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.

Contact an Expungement Lawyer

Your best opportunity at optimizing your expungement petition before the years end is to consult with a licensed Indianapolis criminal defense law firm that specializes in criminal record expungement and sealing services. They have the current news and updated information you are looking for, plus can help push your petition forward going into the new year.

Are you looking for a trusted criminal attorney to help you with your Indiana arrest record needs? Contact our Indianapolis Indiana criminal record expungement lawyers to learn how to begin your petition, today. Our lawyer fees start as low as $850, and we never charge for initial consultations.

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

How Many Offenses Can I Expunge on My Criminal Record?

Posted on March 30, 2021 by admin

Since you can only file for criminal record expungement once in your lifetime, it is vital to make the most of it, and to do it correctly. Even the smallest misspelled word or clerical error can get your application for expungement denied, forever. Fortunately, a criminal lawyer can prevent that from happening to you. Are you worried about choosing among the various arrests and convictions on your record? You probably don’t have to.

Most states allow petitioners to expunge more than one record. How many? Continue reading to find out, and to learn how to get started on your criminal record expungement petition today.

Indiana Criminal Record Expungement Lawyers — Indiana Criminal Record Expungement Services 317-636-7514

Expungement Laws Vary Among States

Every state has their own separate set of laws surrounding the requirements and limitations of criminal record expungement. Your eligibility, even your potential, for sealing or expunging criminal records depends on the state your criminal records originate. It is important to understand the basics surrounding the laws of record expungement in your particular state and county first, and then discuss your eligibility and petition options with a licensed criminal defense attorney.

Indiana Criminal Record Expungement

Indiana has two laws that govern the process of concealing or erasing criminal records. One may petition for either expungement or restricted access, depending on their eligibility. And the prerequisites for eligibility differ between the two options.

If a person was never actually arrested or charged with a crime, or they were never arrested but charged with a crime, but the charges were later dropped due to mistaken identity, actual innocence, or lack of probable cause to believe they committed a crime, they may be eligible to have their record entirely erased from their criminal history, which falls under expungement.

On the other hand, if a person were arrested, but the charges were later dropped, or they were later acquitted of all charges, they could qualify to have their records sealed from the public, which is different from expungement since the record still remains. Its access is simply restricted from the general public, including employers, landlords, banks, and more.

What You Should Know About Expunging More Than One Record

If you do live in a state that allows record sealing, and you qualify for criminal record expungement, you may be able to expunge more than one record, so long as the petition is filed in every county, for every record, within a 12 month time span. Although separate petitions, this would qualify as one single petition. This rule varies among counties and states. So, be sure to hire a licensed criminal defense attorney who is well-versed in your state’s expungement laws. They can help you navigate and file your petition accurately.

Are you an Indiana resident who is ready to clear up your criminal record? Contact our esteemed lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Are fees start as low as $850, and we never charge for initial consultations.

You Might Also Like:

What Happens to My Criminal Record if the Prosecutor Didn’t File Charges?
Do Teenagers Have the Right to Expunge Arrest Records in Indiana?
Do My Background Check Results Really Matter?

Documents That May Be Required With Your Petition for Expungement

Posted on January 17, 2018 by admin

In Indiana, you can petition to have your past criminal and arrest records concealed from the general public. In order for a person to be granted criminal record expungement, they must meet a strict and tedious set of standards, which vary from state to state. They must also retain assistance from a licensed attorney who is well-versed in the Indiana expungement laws because the petition process is quite complex. Furthermore, an individual can only file for expungement once in their lifetime; a single spelling error can have their petition denied with no chance of reapplying.

Criminal Record Expungement Attorney 317-636-7514

The Criminal Record Expungement Process

The criminal record expungement process is a long and complicated one, but it all starts with a filed petition. When filing a petition for expungement, you will need to consult with your attorney to determine which documents you will need to complete the application and subsequent paperwork. The required documents that must be submitted along with an expungement petition will vary from state to state.

However, the most common documents needed include a Certificate of Eligibility from your state’s probation department, acceptance of service, consent and waiver of hearing, prosecutor and victim statements, victim checklist, petitioner’s reply, and findings of fact and conclusions of law. Your Indianapolis expungement lawyer can help you locate and organize these documents as needed in order to successfully turn in your petition.

What Happens to These Documents?

While filing a petition for expungement, you will have to work with your state’s probation department, who will then create a report for the courts to use for assessing your eligibility. This report will showcase your personal record since your legal incident, and reveal whether or not you have experienced additional trouble with the law. During this same time, it is possible for a prosecutor to challenge the petition and file an objection with the courts prior to your hearing.

Where to Get Started With Your Expungement

Criminal Record Expungement 317-636-7514

Call 317-636-7514 if you have a criminal record in Indiana. 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.

Beware of Indiana Expungement Forms

Posted on June 13, 2017 by admin

Indiana expungement applications are full of down falls, which makes them very complex and difficult to fill out. This causes thousands of petitions to be denied every month.

Criminal Record Expungement Lawyer 317-636-7414

When expungement forms are not filled out and filed exactly in compliance with Indiana code, they are denied. Even a mistake as minor as a spelling error can cause a petition for expungement to be rejected by the state. For this reason, numerous applicants are having trouble with the filing process, and learning the hard way that you can only file for expungement once in your lifetime. One simple filing error can eliminate that opportunity for anyone, regardless of crime or conviction. Continue reading to learn how to ensure your expungement application is filled out and filed properly.

Hire a Criminal Defense Attorney

If you want to be like all the other individuals who have successfully filed for and granted expungement, you will need to hire a licensed criminal defense attorney who is well-versed and experienced with the Indiana expungement laws and regulations. Their services are affordable for everyone, so you can hire a lawyer in this field to help you fill out and file your expungement application. Not only can they help you fill out and file your petition for expungement, they can help you collect all the necessary documents and evidence you’ll need to be granted expungement. This includes restitution documentation, paid fines, court records, and more. They can also ensure that your application process is in accordance with all the filing rules and requirements, including meeting deadlines.

When a person wishes to expunge court and arrest records in more than one county, the filing process becomes even more convoluted and complex. This situation would most certainly require the assistance of a licensed and experience criminal defense lawyer. Don’t lose your chance at expunging your past criminal records because you want to save some money and file yourself. The risk is not worth the possibility of clearing or sealing your criminal record.

An Indianapolis Expungement Lawyer You Can Trust

Criminal Record Expungement 317-636-7514

Call 317-636-7514 for professional and affordable criminal record expungement services in Indianapolis. Don’t think you can afford to expunge criminal records in Indiana? Think again! Our expungement legal services start as low as $850! Schedule a free initial consultation to discuss your criminal records, and determine your eligibility. Call 317-636-7514 to finally expunge criminal records in Indiana, 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.

What is the Expungement Process for a Criminal Charge?

Posted on May 11, 2016 by admin

Whether just an arrest or an actual conviction, a criminal charge can have adverse, on-going effects for minors and adults alike. These difficult, downward consequences can diminish a person’s quality of life in many ways, both personally and professionally. A delinquent criminal record can make it almost impossible to get approved for rental housing, home and business loans, and promotions or job opportunities.

Even if a person is hard-working, trustworthy, and ambitious, they can be held back from their true potential, personally and professionally, with a criminal record. Fortunately, many states have adopted new laws surrounding criminal record expungement, which allows certain individuals to seal or destroy their arrest and criminal records. This gives them back the opportunity to have a home, job, and reputation they can be proud of. Continue reading to learn the process for expunging a criminal charge, and how to get started as soon as today.

Expunging a Criminal Charge

There are three phases to the criminal charge expungement process: 1) Hiring a lawyer, 2) Filing a petition, and 3) Judicial review. The initial, and most important, step is to hire a criminal defense lawyer who specializes in expungement services. You need the assistance of a licensed attorney because the procedures and requirements for filing a motion for expungement are highly complex. Just one mistake, whether a misspelled name or missing document, can cost a person their only chance to apply for criminal record expungement. This is because the law only allows a person to file once in their lifetime, no matter what the circumstances. A qualified criminal defense lawyer can navigate this process for you to ensure everything is done correctly.

The second phase to the criminal expungement process is to file a petition in the county, or counties, where your convictions and arrests took place. If you have multiple arrests or convictions, they can be filed as one petition so long as they are completed within a one year window. This phase should be handled by your legal representative, during which they will file the necessary petitions and provide the necessary documentation in each county of your arrests and convictions, all in due time. During this phase, you will be required to pay a court filing fee for a petition for expungement, which generally costs between $140 and $170 in most Indiana courts. It is possible for this fee to be waived in some cases. If you are petitioning to expunge an arrest that never led to a conviction, there is no filing fee.

The third phase of the criminal expungement process is the judicial review stage. This is when the courts will either grant or deny a person’s petition for expungement. If denied, either from court discretion or procedural errors, you must wait three years before filing again, and cannot file for the same criminal convictions as before. If granted expungement, all previously-lost civil rights and privileges are restored. A person can legally state that they were never convicted of such crime on job applications, mortgage loans, tenant applications, and more.

Criminal Expungement Services

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! Call 317-636-7514 to schedule a no-risk consultation for criminal record expungement in Indianapolis, IN today.