Breaking Down the Eligibility Requirements for Criminal Record Expungement

Navigating the labyrinth of the legal system can be daunting, especially when it involves something as personal and impactful as a criminal record. Among the variety of legal avenues available, criminal record expungement stands out as a beacon of hope for those seeking a fresh start. This process, also known as record sealing, can prove to be a lifeline, offering a clean slate and the freedom from past transgressions that often hinder personal and professional growth.

In this blog post, we will delve into the intricate world of criminal record expungement, breaking down the eligibility requirements and shedding light on how an expungement lawyer can guide you through this complex process.

Call 317-636-7514 for Expungement Services Near Indianapolis
Call 317-636-7514 for Expungement Services Near Indianapolis

The Basics of Criminal Record Expungement

Criminal record expungement is the process of having a criminal conviction or arrest removed from an individual’s record, making it inaccessible to public view. While this process varies from state to state, the general purpose remains the same – to give individuals with past offenses a second chance at life. Successful expungement can lead to improved job prospects, better housing opportunities, and overall peace of mind. However, not everyone is eligible for this legal remedy. Let’s take a closer look at the eligibility requirements.

Understanding Eligibility Requirements

The first step towards expungement is determining whether an individual meets the criteria set by their state laws. Generally, eligibility is contingent on factors such as the type of offense, time since conviction or arrest, and the individual’s criminal history. In most cases, minor offenses like misdemeanors have a higher chance of being expunged compared to serious felonies.

Furthermore, many states require a certain waiting period after completing the sentence before becoming eligible for expungement. This varies depending on the severity of the offense and can range from a few months to several years.

Additionally, individuals with multiple convictions or arrests may face stricter requirements or may not be eligible at all. It is crucial to consult with an expungement lawyer who can provide personalized guidance and assistance in navigating the eligibility requirements.

Hiring an Expungement Lawyer

While it may seem tempting to handle the expungement process on your own, it is highly recommended to seek professional legal counsel. An experienced Indiana expungement lawyer can assess your eligibility, gather necessary documents, and evidence, and present a strong case in court on your behalf. They can also guide you through any potential roadblocks or challenges that may arise during the process. Moreover, a criminal record expungement attorney can expedite the overall process and increase your chances of a successful outcome.

Conclusion

In conclusion, criminal record expungement and record sealing can be a life-changing legal remedy for individuals seeking a fresh start. However, it is vital to understand and meet the eligibility requirements outlined by state laws. Consulting with an expungement lawyer can provide invaluable support and increase your chances of a successful outcome. Remember, everyone deserves a second chance, and criminal record expungement is here to help make that possible.  So, if you or someone you know may be eligible for this process, don’t hesitate to seek professional legal assistance and take the first step towards a brighter future.  Keep moving forward!

Taking advantage of Indiana’s expungement laws can help you move forward in life and open up more opportunities for you in the future. 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!

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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

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

Expungement or Record Sealing: Which Do I Qualify For?

If you are taking the steps to clean up your public criminal record, you already know that the very first step is learning whether or not you qualify. In addition to determining if you are eligible, you must also determine what you are eligible for. That is because there are two primary kinds of criminal record clean up. A person can either have criminal records expunged, or they can have them sealed. The difference between the two are significant to your process, so be sure you understand the requisites for both.

Continue reading to learn more about criminal record expungement and sealing, including how to get started on your petition.

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 317-636-7514

Record Sealing

If a person was arrested and found guilty, or pleaded guilty, to a charge, then they can only apply to seal their criminal records. This means these records will not be physically destroyed and will still be accessible by the police, federal government, FBI, immigration, and all other public officials. However, when criminal records are sealed, they are no longer visible on public background check databases or accessible by employers, landlords, and other general public.

Criminal Record Expungement

A person can only expunge arrest records that never ended in a conviction. This means arrests that were later dropped, acquitted, or dismissed can be completely expunged from physical and online databases. Although government officials and police can still access these records, just as they can sealed records, the general public cannot ever see them and a person can legally claim to never have been arrested.

Determine Your Eligibility TODAY

Even though you can understand the difference between criminal record expungement and sealing, you cannot know which one you qualify for, for sure; not until you meet with a licensed Indianapolis criminal defense lawyer who is well-versed in the Indiana criminal record expungement and sealing laws and procedures.

The process of petitioning for criminal record expungement is intensive and challenging. It requires professional legal assistance, no matter how confident you are that you can do it on your own. Individuals can only petition for expungement and record sealing once in their life, and a small error, like a misspelled name or missed deadline, can revoke your chances forever.

Expunge Indiana Criminal Records

Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514

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.