What is the Expungement Process for a Criminal Charge?

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.

When Can I Expunge My DUI Charge?

A drunk driving charge on your criminal record can be detrimental in many ways. It can hold you back from being approved for certain types of licenses, like commercial drivers’ licenses and forklift certifications. It can also prevent you from being a possible candidate for a competitive job position or promotion. And for felony DUI cases, it can prevent you from being employed entirely. For these reason and many more, expunging or sealing a DUI conviction on your criminal records is in your best interest.

Unfortunately, not everyone will qualify for criminal record expungement, as there are various perquisites, limitations, and conditions. So it is important to discuss your eligibility with an experienced lawyer who is well-versed in your state’s expungement laws and procedures. It is also important to file your expungement applications perfectly, because one simple filing error (like a misspelled name) will get your application denied; and you can only apply for criminal expungement ONCE in your life.

An experienced criminal attorney can facilitate the application and filing process for you in order to avoid mistakes and increase your chances of being approved. They will navigate your case accurately to ensure you have done everything right on your part. Continue reading to learn some facts about DUI expungement and who to trust for proficient legal representation when the time comes to apply yourself.

DUI Expungement

When a person is arrested for driving under the influence, they are often convicted of a “DUI”, also known as an OWI (operated while intoxicated), and DWI (driving while intoxicated). The acronym used largely depends on the state and county, but it is wise to know they all mean the exact same thing. A DUI charge doesn’t always pertain to “drunk” driving either, since a person can be intoxicated by other substances, like narcotic medication and illicit drugs. Whether your DUI was a result of alcohol or drugs, the terms of criminal record expungement are the same. On the other hand, the severity of the crime and your personal criminal history will determine the amount of time that needs to pass before you are eligible to apply for expungement.

For instance, if you were convicted of a misdemeanor in Indiana (or Level 6 felony reduced to a misdemeanor), you have to wait at least 5 years from the date of conviction, among a list of other conditions. Other conditions include:

• No other criminal convictions in the past 5 years
• No current drivers’ license suspension
• No current, further, or pending criminal charges
• All sentencing requirements have been met

(i.e. probation, community service, fines, etc.)

If you were convicted of a Level 6 DUI felony, time lengths increase to 8 years while all other above-mentioned conditions remain the same.

If you were convicted of a more serious DUI felony than a LEVEL 6, the 8-year time line and conditions stay the same, however, a court may or may not approve the expungement.

Talk to a licensed criminal defense attorney that is well-versed and experienced with the Indiana criminal record expungement laws and procedures. They are the best resource for making sure your DUI record expungement filing and paperwork is carried out faultlessly, giving you a better chance of approval.

An Indianapolis Expungement Lawyer You Can Trust

Call 317-636-7514 for professional and affordable criminal record expungement services in Indianapolis. Don’t think you can afford to expunge DUI 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 DUI records in Indiana, today!

Can You Expunge Federal Convictions?

Criminal record expungement allows those who qualify to legally have their past criminal convictions destroyed and made never available to the general public again. The only party that retains access of an individual’s expunged records is the Department of Justice, for evidence and reference purposes. Many question however, if federal convictions can also be expunged. The quick answer is, “yes, but it depends.”

Dismissed By the Court

To expunge a federal record, a court must dismiss the conviction. In order to begin, a petition for expungement must be filed with the Attorney General’s Office. Generally, and mostly because of the complexities involved, most defendants hire a criminal defense attorney to accurately facilitate the petition. Something as small as a miss-spelled name or missing document can be cause for disqualification. An experience lawyer knows how to execute a petition for expungement, flawlessly.

In order to qualify for federal record expungement, certain prerequisites must be met by the applicant. If none of the requirements are met, a defendant is denied expungement. Below are the list of perquisites to qualify for federal record expungement.

Federal Expungement may be possible if…

• At Least 3-5 Years Has Passed Since the Federal Conviction
• The Defendant Never Received a Civil Penalty for the Crime
• All Penalties for the Crime Have Been Served
• The Defendant Has No State or Federal Convictions for Controlled Substances
• The Defendant Agrees to a Drug Screen and Tests Negative
• The Defendant Cooperates With All Attorney General Conditions
• The Defendant Was Convicted Based on a Law that was Later Found to Be Unconstitutional
• A Judge Decides the Conviction was a result of Government Misconduct

Once a federal record is expunged, all official records and references of a conviction is erased, with the exception of the Department of Justice. If you were charged with a felony offense in the past, you may be eligible to have it expunged today.

Expungement in Indiana

Call 317-636-7514 to speak with a licensed criminal defense lawyer about expunging felony records in Indiana. We can help determine your eligibility and process your application for expungement. Whether arrested for state or federal charges, and convicted or not, you may qualify for criminal record expungement in Indiana! Call our office at 317-636-7514 to learn more about expunging criminal records, today.

Clarification of Indiana Adult Criminal Record Expungement

Any person with a criminal record can expect a few road blocks along the way. This is especially pertinent when it comes to applying for a job or renting a home. Landlords, supervisors, and managers commonly inquire about criminal histories to better understand the candidate and their ability to perform well on the job or care for a home.

If a person has a criminal record, past convictions, or arrests on their personal and public record, getting hired or approved for a rental is difficult and almost improbable. Fortunately, a new law has passed allowing past convicts or persons with criminal histories, to seal their adult criminal records from agencies and organization such as these. Continue reading to learn more about expunging adult criminal records and how to get started in your home town.

What Does it Mean to Seal a Person’s Criminal Records?

Criminal record expungement refers to the process in which a person hides or seals their past criminal convictions and arrests from public access. This means if a landlord or potential employer asks if you’ve been arrested and convicted of a crime, you can legally say no. There are several details and stipulations that are involved with the expungement process; which is why a lawyer is highly recommended. Not everyone is eligible for expungement so it is important to outsource professional legal assistance to facilitate the process exactly the way it should. If a person qualifies for expungement but makes a single mistake during the filing process, they lose out on dealing their records and cannot ever file again. You only get one chance to seal adult criminal records.

Eligibility Requirements for Record Expungement

When it comes to criminal record expungement, there are rules and requirements that a person must have. For example, depending on the type of charges, a person must wait at least five years from the date of conviction to even think about filing for record expungement. For more serious crimes, a person must wait at least 8 to 10 years from the date of arrest. Also, not all records are eligible for expungement; such as kidnapping, rape, murder, etc. It is important to hire a qualified and licensed attorney that specializes in criminal record expungement services. Because this law is new, there are many novice expungement services available; but be sure to choose a reputable law firm that genuinely understands the law and everything it entails.

Indiana Expungement Services

Call 317-636-7514 for more information about adult criminal record expungement in Indiana. Our licensed criminal defense team retains all current industry knowledge and requirements for criminal expungement and record sealing in Indiana. We can help you determine your eligibility right now! We offer free consultations, advice, useful addresses and court phone numbers, and services start as low as $850! If you wish to learn more about expunging criminal records in Indianapolis, call 317-636-7514 and get started on a path to the fresh beginning you rightfully deserve.

Can I Buy a Gun After Expunging a Felony Conviction?

When a person is convicted of a felony crime, there are several consequences that go along with it, many of which disrupt or impact a person’s life forever. One of the many restrictions convicted felons must live with is the right to purchase a firearm. But now that recent laws have approved criminal record expungement, many people are taking advantage of sealing their past criminal convictions from public access, leading them to ask several questions about restoring their rights as well. A common inquiry among past felons filing for expungement involves the right to purchase and bear arms. Continue reading to learn more about expunging felony criminal records and how it influences a person’s right to purchase a gun.

Criminal Record Expungement vs Restricted Access

In Indiana, if a person was charged with a felony or misdemeanor, but never found guilty, then they are eligible for expungement. But if a person has any conviction on their criminal record, whether for a misdemeanor or felony offense, they are not eligible to have it expunged. However, they may qualify to have it placed under restricted access, which is sometimes referred to as record “sealing” rather than record expungement. To petition for a chance at sealing criminal records in Indiana, all of the following statements listed below must be true:

1. Offense was a Misdemeanor or Level 6 Felony
2. They Caused No Bodily Injury
3. No New Convictions Since the Conviction
4. It Has Been at Least 8 Years Since the Conviction
5. Offense was not Sexual nor Violent

Gun Rights

When a person is convicted of a felony offense, they immediately lose their right to purchase or bear firearms. And since Indiana only allows past convicts who qualify to seal and restrict their criminal records, rather than expunge them, they can never regain that privilege again. The only way a person’s right to purchase and bear firearms can be restored is if they were never convicted of a crime or their charges were later dropped or dismissed. All those with convictions on their criminal record cannot expunge their
convictions, therefore, they cannot have their
right to firearms reinstated in Indiana.

Indiana Expungement Lawyer

Call 317-636-7514 for help sealing and expunging criminal records in Indiana. Our rates start as low as $850, making our legal services affordable for everyone! Our comprehensive understanding of Indiana expungement law, coupled with our acute work ethic, makes us the perfect ally when petitioning the government. We will ensure you qualify before taking the time to file and process paperwork, and furthermore, ensure that all your filing and proceedings are accurately managed and carried out on time. Call 317-636-7514 to discuss your eligibility with a licensed Indiana criminal record expungement lawyer today!

Where is Criminal Record Expungement Legal in the United States?

There are new laws being passed every single day. Some are approved under state law and others under federal law. Although many ordinances are passed and approved without most people being aware, some are too significant to ignore. One such law is criminal record expungement. This law is becoming more and more popular among various states within the nation. This law has the ability to changes lives, improve the economy, and much more. Continue reading to learn more about criminal record expungement, and which states allow it in the continental United States.

Expunging Criminal Records

If a person has record of past arrests or criminal charges, they can run into several road blocks in life. Felons, or adults with arrest records, can have difficulty getting a good job, renting a home, applying for loans, and much more. This new law can help people in these situations. Criminal record expungement laws allow past convicts, felons, and people with arrest records, to have these records restricted from public view. This means standard background checks for leasing agreements, job applications, and more will not show records of arrests or charges.

The only stipulation is that a person must first qualify for criminal record expungement, as well as, outsource professional services to facilitate the application process. Not everyone is approved to have their criminal records expunged. One must qualify in terms of time, number of arrests, and the charges they have. Certain charges cannot be expungement; including murder, assault with deadly weapon, sex crimes, perjury, human trafficking, and more. It must be at least once year since the date of conviction for arrest records to be expunged; while misdemeanors require 5 years, and felonies up to 12 years. States that now allow criminal record expunging include:

• Indiana
• California
• Arizona
• Florida
• Illinois
• Missouri
• Colorado
• Connecticut
• New Hampshire
• New Jersey
• New York
• Ohio
• Texas
• Tennessee
• Utah
• Oregon
• Washington

States that now allow criminal record expungement have not made this a permanent law. It is only probationary and may not last for long. It is highly recommended to consult a lawyer about applying for criminal record expungement before it is too late and the opportunity is gone. You may only apply for criminal expungement once in a lifetime, and one mistake can stop s person from qualifying; which is why you need a lawyer. They know how to implement the legal process of applying for record restrictions and can do so without making any mistakes or errors.

Indiana Criminal Record Expungement

Call 317-636-7514 for information about Indiana criminal record expungement today. We are highly knowledgeable in criminal record expungement law and can answer all your questions about restricting arrest records and more. Rates start as low as $850 so anyone can afford to expunge criminal records in Indiana! Call 317-636-7514 and ask for details about criminal record expungement services in Indianapolis and how to get started as soon as today.

Can Juveniles Tried as Adults Have their Criminal Record Expunged?

There are new Indiana laws that pertain to sealing or expunging criminal records for those who qualify, but there are several stipulations and complex procedures that influence a person’s right to expungement. For most misdemeanors, it is a required 5 year waiting period, from the date of the arrest, in order to meet the time-elapse qualifications. But there are many more, involving prior convictions, habitual offenders, serious felony crimes, and more. It is vitally important to talk to a licensed criminal attorney that is well-versed in the new Indiana record expungement laws in order to fully understand what it takes to
qualify and move forward with the process.

Many parents, or young adults, have questions about juvenile arrests and expungement. Mainly, people want to know if a juvenile record can be expunged, and if so, how to get started. But another common question has to do with minors that were arrested and tried as adults. Can these juvenile records still be expunged even though they were charged and convicted as an adult? And if so, how can a juvenile, or person with a juvenile record, qualify for criminal record expungement? Continue reading to learn the answers to these questions and more.

Juvenile Criminal Records

When a kid under the age of 18 years old is arrested for a crime, they are generally charged as a minor. 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.

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. What we mean is, some crimes are never eligible for expungement, including murder, sex crimes, arson, human trafficking, and more. But is a juvenile 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 information.

The Law Office of David E. Lewis

Call 317-636-7514 for information about juvenile criminal record expungement in Indiana. We are well-versed in the new Indiana laws pertaining to the processes, procedures, rules, eligibility, and more. We can provide secure assistance to seal or expunge criminal records and arrest records. Our services start as low as $850 and he offers free case evaluations. Call 317-636-7514 to determine your eligibility for criminal record expungement in Indiana, today.

Indiana Time Limits for Certain Expunctions

Before the new expungement laws in Indiana, anyone convicted of a crime or arrested had to live with their brief mistake for the rest of their lives. To their dying day, an arrest or infraction would remain on their permanent criminal record. But those days are over for many. Now anyone who qualifies can seal or expunge criminal records in Indiana. It is strongly suggested to hire a defense attorney well-versed and experienced in criminal record expungement law and procedures. They can navigate your expunction request and properly file all the necessary paperwork on time.

One mistake in the expungement filing process can eliminate your chance to file every again. You only get one opportunity at filing for criminal record expungement, so be sure to trust a professional for accurate filing and delivery. There are several qualifications for record sealing and expungement, but the most important and commonly asked about is time limits. Continue reading to learn the Indiana time limits for criminal record expunction and record sealing.

Time Qualifications for Record 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
Serious Felony Convictions = 10 Years, or 5 Years from Sentencing Completion Date

Completed sentencing dates are the dates that a person was released from jail, parole, or probation (whichever is most recent), having completed all their court-ordered sentencing agreements. Keep in mind that sex offenses and murder/homicide are not eligible for expungement ever. Aside from time, other prerequisites include having no other infractions, arrests, or convictions since the last, all court costs and probation fees must be paid off, and more. Consult an expungement lawyer for details about these prerequisites and eligibility guidelines.

David E. Lewis – Indianapolis Expungement Lawyer

Call 317-636-7514 for criminal record expungement services starting as low as $850 in Indianapolis, Indiana. We are extensively well-versed in Indiana’s criminal expunction laws and has already helped numerous clients seal or expunge their criminal records. Call 317-636-7514 for a free case evaluation to assess your eligibility for criminal expungement in Indiana.

How to Do a Background Check

There are many reasons for performing a background check on a person. Employers will run background checks to ensure they are hiring trusted staff members, while parents might choose to run background checks on potential nannies and babysitters to ensure the safety of their children. And with the current online dating trend, many daters are scanning the backgrounds of their dates before meeting them for the first time. Other people decide to run a background check on themselves to see if there are any irregularities or evidence of identity theft.

There are several resources available to help run a background check on yourself or another person, and it is easy to do and sometimes free of charge. Continue reading for advice on how to do a background check on yourself or someone else.

Background Check Websites

Background checks offer information about a person’s arrest, driving, criminal, marriage, and sometimes even credit history. The easiest and most popular method for doing background checks is using online services. There are many sources for background scanning services, including the city’s government webpage and background check company websites. Many are free of charge, but offer upgraded scans that will offer more background information about a person for a flat rate. Other online sources cost money because they perform detailed background scans and offer extensive information about a person’s history.

Simply type “free background check” into your browser’s search engine of choice, and peruse the results. Use a company or service that offers secure transactions and reliable information. To best gauge the integrity of background check websites, read customer reviews or look for professional associations and certifications. You may also use your city’s government webpage for background scanning and more.

For Indianapolis, go to http://www.indy.gov/Services/Pages/records.aspx or call the Indianapolis Police Department at 317-327-3153 for limited criminal history records and inquiries.

Additional Free Online Resources to Try:

National Center for State Courts
Local Court Website
Social Media Profiles
National Sex Offender Public Website

Paid Services:

Intelius
Been Verified

If your personal background scan displeases you because of past criminal mistakes, contact a licensed attorney to discuss your criminal expungement eligibility and perhaps seal your public records for good!

The Law Office of David E. Lewis

Call 317-636-7514 for Indiana criminal record expungement information and professional assistance. We offer legal services for those who wish to seal or expunge their criminal records. Depending on your individual case details, you may or may not be eligible for expungement. Speak to one of our licensed lawyers, well-versed in the new Indiana expungement laws, about the requirements for criminal record expungement, right away. Get started to a new future of job opportunities and more with a clean criminal slate. Call 317-636-7514 to expunge criminal records in Indiana, today!

Do You Need a Criminal Record Expungement Lawyer?

A criminal record expungement lawyer will save you a substantial amount of time, money, and frustration in the expunging process. But do you NEED one to file for expungement? The answer is no; however, it is the wisest choice for anyone who wishes to properly expunge their criminal records in the one opportunity the law gives them. One simple mistake or misspelled word can revoke a person’s right to expunge their criminal records forever. A licensed attorney can make sure that doesn’t happen, and all for a reasonable one-time fee. Continue reading to learn more about criminal record expungement attorney services and how they can help you.

Expunging or Sealing Criminal Records

A person has one opportunity to file for criminal record expungement. One filing misstep can cost them that chance. A licensed attorney that is well-versed in the new Indiana expungement laws can process all the necessary documents and paperwork needed to file for expungement. They can be sure you are informed, set, and ready for all mandatory court hearings, if any, and all other obligations involved in the process. With a lawyer, you can rest assure that the filing and application process is carried out perfectly so that you have the highest chance of having your records sealed from the public.

Generally, the cost of hiring an attorney to assist in expunging or sealing your criminal records is around $1,000, give or take. These prices go up depending on the extent of a person’s criminal history and the complexity of their case. Some lawyers may offer payment arrangements or financing plans, depending on the client’s credit history and other variables. No matter what the price, criminal record expungement is worth it tenfold.

Keep in mind that a public defender cannot offer service to assist in expungement applications and filing. You must either choose to file and apply yourself, or hire a licensed attorney for professional and organized assistance.

The Law Office of David E. Lewis

Call 317-636-7514 for criminal record expungement services in Indiana. We are licensed attorneys well-versed in the current Indiana expungement laws and guidelines. We can ensure that your application process is carried out faultlessly. Rates start as low as $850 so call today!