Can Drug Offenses Be Expunged from a Criminal Record?

Criminal record expungement laws and requirements differ from state to state, all across the country. It is important to talk to a licensed attorney that specializes in your state’s new expungement laws so that you may determine your eligibility first before moving forward with the application process. Many individuals with drug offenses and convictions ask about the possibility and the process of expunging such records, but have no success in finding the right answers. Here in this blog, we will skim the surface of expunging drug offenses and charges, and then provide you the resources to discuss this topic in detail with a licensed criminal record expungement attorney.

Expunging Drug Convictions

There are several types of controlled substance and drug convictions a person could have on their record. For example, someone could be charged with being under the influence of drugs, possession of drugs, possession with intent to distribute, transporting a controlled substance, marijuana cultivation, possession of paraphernalia, and more. Depending on the severity of the crime (felony or misdemeanor), the individual’s past criminal history, and the particular state in which the crime occurred, the degree of difficulty and amount of time to expunge such records will vary. All of these variables, and more, will play a role in the expungement process.

For first-time offenders, there might also be the option of enrolling in a drug diversion program. Many jurisdictions offer drug diversion programs that will automatically expunge a drug-related arrest and charge once the individual successfully completes the program on time without any other convictions or arrests. Individuals must plead guilty to the charges and then they can be granted entry into a substance abuse program. These programs are generally only available for individuals without a previous arrest record or criminal history and who were arrested and charged with a misdemeanor drug crime like possession or possession of paraphernalia. The diversionary period can last anywhere from 12 to 18 months, depending on the county and the program. Once the program is completed, an individual can legally claim that they have never been arrested for a drug charge.

Indianapolis Criminal Record Expungement

Call 317-636-7514 for information about Indianapolis criminal record expungement and eligibility requirements. Prices for our criminal record expungement services start as low as $850, and fluctuate depending on the complexity of an individual’s case. We are a professional Indiana corporation that offers friendly and knowledgeable counsel for those who wish to expunge criminal records in Indiana. Call 317-636-7514 and speak with a qualified lawyer about expunging arrest records in Indianapolis, IN.

Can I Have a Felony Expunged from My Criminal Record?

Having a felony on your record can feel much like having a kettle ball tied to your ankle for the remainder of your life. Fortunately, there are new state and federal laws passing in many states allowing past offenders the opportunity to conceal their arrest records from the general public. This is called criminal record expungement. Not everyone qualifies for criminal record expungement, as there are many stipulations and prerequisites. Eligibility depends on a number of variables, making no two cases alike. Arrests, violations, and misdemeanors can all be expunged, but felonies are trickier. Continue reading to learn more about criminal record expungement and who to call to see if you qualify in your city or state.

Felony Convictions and Expungement

If a person could conceal a felony conviction that has been haunting them for quite some time, they could change their lives. They could apply for loans, buy a home, rent an apartment, and apply for jobs they would never have qualified for in the past. Fortunately, with the new criminal record expungement laws, this can be a real-life option for some. What this means is, some candidates may be granted record expungement by a judge depending on the type of felony conviction and their criminal history. So yes, sometimes a felony can be expunged if a person qualifies.

Felony expungement works differently in every state because every state has different laws regarding rules and eligibility. In a case that a felony might be expunged, a person would only have one felony and the crime was something non-violent, and perhaps even an accident. For example, if you have a felony charge for receiving multiple DUI’s, and are now a recovering alcoholic, a judge might consider granting them expungement rights. But again, this is all very dependent on a person’s individual situation and their criminal history. If a past habitual offender wants to expunge a felony conviction, they might have a much harder time.

The best way to determine your eligibility for criminal record expungement, and your best chances at successfully doing so, is to consult a licensed attorney that provides these services. Lawyer fees generally start around $900, give or take, depending on the law firm and the complexity of a client’s case.

The Law Office of David E. Lewis

Call 317-636-7514 for accurate and reliable information regarding criminal record expungement in Indiana. Our seasoned attorneys are well-versed in the new Indiana criminal record expungement laws, and are eager to help get a fresh start to life! Our law firm offers expungement representation services for as low as $850! Get D felonies, arrests, DUI’s, and misdemeanors concealed for good in Indiana! Call 317-636-7514 and schedule a consultation to determine your eligibility for criminal record expungement in Indianapolis, IN today.

Employee Discrimination Has its Consequences for Employers

A new law, appropriately termed the “Second Chance” law, was passed last year to allow people with past criminal convictions or arrests to conceal their records from public access through a process called criminal record expungement. This act, ACT No. 1482, was signed by Governor Mike Pence in July, and remains an active statute in Indiana, for now.

This laws applies to all Indiana-based employers and employers who hire individuals in the state of Indiana. Ex-offenders can request to have their past criminal activities sealed and expunged if they qualify. If a person qualifies to have their records expunged, employers will not be able to view past criminal histories on background checks, screens, and scans. This opens doors for past offenders that would not otherwise be available to them, such as buying a home, applying for a job, and much more.

Employee Rights

Anyone who applies for a job, or a promoted position in a company they already work for, cannot be denied employment solely for an arrest or conviction that has been expunged under law. This is unlawful of an employer to do, and they can be subjected to several penalties if reported or caught. Such violations are categorized as Class C infractions and can result in a contempt order by the courts, or even injunctive relief.

An employer can, however, ask an applicant if they have ever been arrested or convicted of a crime that has not been legally expunged. This will let the employer know if the job applicant is a habitual offender or criminal. They cannot, however, inquire about expunged records, nor ask directly if the employee has ever had a conviction or arrest expunged. Again, these are legal infractions that have major consequences.

So how do employers meet the standard of care in hiring suitable and safe employees if they might not be able to see all of a person’s criminal history? The answer is not so simple. If something were to happen, and an employer is confronted for negligent hiring, they can submit the individual’s order of expungement as evidence in support of their innocence. Also, extreme and serious crimes cannot be expunged, so employers never have to feat that they may be hiring an ex-murderer, sex offender, or rapist.

Expungement in Indiana

Call Expunge Criminal Record Indiana at 317-636-7514 for more information about criminal record expungement in Indiana. We are licensed attorneys with decades of trial and litigation experience, and now, we are extensively well-versed in the new Indiana expungement laws and processes. We can represent you on your journey to concealing past criminal arrest records, starting today! Call 317-636-7514 and schedule a consultation for criminal record expungement in Indianapolis, IN today.

How Soon Can You Expunge Criminal Records?

When a person has been arrested, convicted, charged with a crime, or all three, then this information will stay on their permanent record. Criminal records retain information about an individual’s criminal history. Every time an arrest took place, or a run-in with law enforcement occurred, it was added to their criminal record. Currently, a new law recently passed allows people with past criminal histories to expunge their records and seal then from the public eye. This means employers, landlords, loan officers, mortgage brokers, and the public cannot access a person’s criminal record once expunged. There are several stipulations when it comes to qualifying for criminal record expungement. Not only are there prerequisites for qualifying, there are rules about time-frames and how long a person as to wait to be eligible for expungement. Continue reading to learn these stipulations and perquisites to expunge criminal records.

Criminal Record Expungement

Depending on the crime committed, a person must wait at least five years since the date of any conviction in order to be eligible for expungement. For more severe or serious crimes, like felonies, a person must wait at least eight to ten years before qualifying for record expungement. Many people that have heard about this new law are excited and eager to get their recent arrests and charges sealed for good; however, this law doesn’t work that way. It is not intended to clear a person’s record and wash away their accountability in a crime; instead, it is meant for people who made mistakes in their past that wish to conceal these arrests for future, healthy endeavors.

For example, a husband and new father has a drunk-driving or OWI arrest on his record from his college days. He wants to apply for the new promotion at work to better support his family, but cannot get the job because he has a criminal history. This man would benefit greatly from the new criminal record expungement law. He can have this long-ago arrest conceal from his employers so that he may be looked at as a potential candidate for the upcoming promotion. This law is not intended to seal a prostitution arrest from a month ago so a woman does not have to do more jail time the next time she is arrested on the streets.

There are various other stipulations when it comes to criminal expungement eligibility. Not everyone will qualify and be granted expungement rights; even if the required amount of time has passed since the arrest. Certain crimes are not seal-able; such as murder, sex crimes, kidnapping, and other felonies. Some states do allow record expungement for felonies at all; only misdemeanors and arrests.

Indianapolis Criminal Record Expungement

Call 317-636-7514 for accurate information and consultation regarding criminal record expungement in Indiana. Our Indianapolis attorneys have decades of experience practicing law in Indiana, and are well-versed in the new Indiana expungement laws. We offer free initial consultations to assess your circumstances and determine your eligibility for record expungement. If you want to expunge criminal records in Indianapolis, IN, call 317-636-7514 right away.