Do All States Allow Criminal Record Expungement?

Posted on June 19, 2020 by admin

With so many laws being passed and repealed every day, it’s hard to keep up. And although most people are unaware of new laws being passed in their state, there is one new law that many cannot afford to ignore. Criminal record expungement is now legal in several states within the country. This new law allows past criminals to seal or restrict their past arrests and convictions from public view. There are endless benefits to this law, but not all states have approved it yet.

Continue reading to learn more about criminal record expungement and which states have approved the law.

Indiana Criminal Record Expungement Lawyer 317-636-7514

Expunging Criminal Records

The new criminal record expungement laws have the ability to change people’s lives in a dramatic way. With certain criminal records weighing over a person’s head and lingering on their public record, there are certain consequences. Aside from criminal stigma and judgement, a criminal record can hold a person back from any benefits that require a background check. This includes applying for a loan, renting an apartment, getting a job, and more.

Now, in cooperating states, people have the opportunity to have these past criminal records sealed or restricted from the public, with the exception of police and government officials. This allows people to take advantage of certain benefits, like better jobs and home loans, and live a better life. Most states have adopted this new criminal record expungement law, but some are still lingering on the back burner. Since most states have not approved and passed this new law, it is more efficient to list the ones that have so far.

Here is a list of states that allow criminal record expungement:

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

Although these states have approved the criminal expungement law, it is not a permanent law. They have only approved it for a trial period. And since there are several opposed to this law, there is no telling when or if it will get repealed. This means it is important to take advantage of this opportunity while it lasts. The only catch is that not everyone will qualify for criminal record expungement.

There are guidelines that one must meet to be eligible to conceal or expunge their criminal records. This is why it is necessary to hire a licensed criminal attorney for accurate and professional help. A person can only file one time in their life, and just one mistake can take that chance away. A lawyer can determine your eligibility and ensure everything is carried out precisely.

How to Start Criminal Record Expungement in Indianapolis, Indiana

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.

Make 2020 the Year of Improvement By Cleaning Up Your Criminal Record

Posted on January 15, 2020 by admin

Are you tired of being subjected to the consequences of having an arrest or criminal record from your past? Are you ready for better job opportunities, better housing, and more confidence in the dating world? If so, make this year the year of change, and finally do something about it with the help of Indiana’s Second Chance Law. Continue reading to learn what you need to know about criminal record expungement and sealing, including how to learn if you qualify and where to get started on your petition.

Criminal Record Expungement Attorney 317-636-7514

Indiana Criminal Record Expungement

A couple of years ago, Indiana legislature passed a new law that allows certain individuals to conceal their criminal records from the general public, known as criminal record expungement and sealing. Although not everyone qualifies for criminal record expungement, this new law truly gives people another chance at making their lives better since their criminal record won’t hold them back from dating, better jobs, promotions, renting a nicer home, getting approved for a loan, and much more.

Once expunged or sealed, the public can no longer access your criminal record. It will be hidden from public view, including potential employers, rental companies, banks, school admission offices, and even the girl you are about to ask out for dinner. The only authorities that can still access expunged and sealed records is the government, including law enforcement, courts, and jails.

Record Expungement v. Record Sealing

There are two types of Second Chance Laws: expungement and sealing. For those who do not qualify for expungement, they may have a shot at being approved for record sealing. You see, those only qualify for criminal record expungement under very strict list of factors. There are several variables that determine who is eligible to get their record expunged in Indiana. Upon qualification, most misdemeanors, class D felonies, arrest records, and even infractions like traffic tickets and evictions, can all potentially be eliminated from a person’s personal record.

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.

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. See our blog, “FAQs About Sealing and Expunging Criminal Records” to learn more about the difference between the two.

It’s a Once in a Lifetime Opportunity

When someone wants to explore their options for criminal record expungement, it is important to first and fully understand that a person can only apply and be granted expungement one time in their entire lives. This means you cannot apply to have additional criminal and arrest records expunged after already having your records concealed in the past.

If you decide to pursue criminal record concealment, be sure that all your paperwork, filing, deadlines, and additional requirements are accurate and in-line. Failing to file even one document, or filing it incorrectly, can instantly eliminate your chances of expunging your criminal history, forever. This is why it is vital to enlist the services of a licensed attorney, familiar with your state’s new expungement laws, to facilitate the entire process to ensure that everything is done properly.

How to Get Started on Your Petition

Call 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.

Basic Background Checks vs Comprehensive Background Checks

Posted on December 27, 2019 by admin

Background checks are not what you would call a dime a dozen. There are countless types of background checks and scans to choose from, all of which offering different kinds of information and to varying extents. Some background checks are for traffic-related histories, while others for rental histories, vehicular reports, and more. The most common type of background check is the type that others will perform to learn the criminal history of a particular person.

However, criminal history scans are also widely diversified. There are several sources of background check scans to choose from, some for a fee and some for free. The type chosen will depend on a few factors, such as the budget for background checking, the available sources, and the extent of information the user is looking for. Regardless of the type of background check used on someone, all types can be classified as either basic or comprehensive. The difference between the two umbrella categories will help a user decide which one they need to perform.

Continue reading to learn the differences between a basic background scan and a comprehensive background scan.

Indiana Criminal Record Expungement Law Firm 317-636-7514

Criminal History and Background Checks

Keep in mind that background checks are not solely focused on criminal records. Those running background checks might be checking up on universal information about a person, such as professional licensing, driving records, credit history, rental history, and much more. See our blog, “How Many Types of Background Checks Are There?” to learn some of the most common types of background scans.

As for criminal history scans, they typically source information from official authorities, such as national criminal databases, county courts, federal and state criminal records, sex offender registries, and even domestic and global terrorist watch lists. The extent of information sourced depends on whether a use runs a basic check or a comprehensive one.

In most cases, basic background checks are free, or for a low cost. Comprehensive scans are usually never free; in fact, they tend to cost a decent amount of money. On average, a full background scan will cost between $25 and $200, depending on the provider. Below you can view some of the most common data found in each type of background check.

Basic Background Checks:

📑 Criminal History Check
📑 Prior Employment Verification
📑 Reference Check
📑 Sexual Offender Registry Check
📑 Social Security Number Trace
📑 Professional License & Certificate Confirmation

Comprehensive Background Checks:

📑 Criminal History Check
📑 Prior Employment Verification
📑 Education Verification
📑 Reference Check
📑 Drug Screening
📑 Sexual Offender Registry Check
📑 Credit Background Check
📑 Social Media & Internet Check
📑 Driving Record
📑 Professional License & Certificate Confirmation
📑 Social Security Number Trace
📑 Listed Domestic or Global Terrorist
📑 And More

How to Clean Up Your Criminal Record

Call our Indianapolis expungement lawyers at 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.

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.

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.

Who Can Grant Criminal Pardons in the United States?

Posted on September 16, 2019 by admin

When facing a federal criminal charge, there are two chief outcomes: guilty or not guilty. But what about being pardoned for your crimes? What does this mean, exactly? And who can grant pardons to suspected or convicted criminals? Continue reading to learn what you need to know about criminal pardons if you are someone you love is facing serious charges.

Criminal Record Expungement Attorney 317-636-7514

What is a Pardon?

Also known as clemency, a pardon is a type of acquittal that wholly sets aside or lessens the punishment for a felony. You have likely seen this action take place on your favorite crime action hero movies, and there is a reason why. Federal criminal pardons are extremely rare. It is essentially the government’s way of forgiving a person for their crimes. There are a few additional forms of clemency that the President can grant to a defendant. These include commutation, remission, and reprieve.

☛ Commutation – Given a lesser punishment;
☛ Remission – Given relief from a penalty, restitution, or forfeiture;
☛ Reprieve – Temporary delay of sentence (i.e. death penalty);

Granting a Pardon

If you are wondering whether or not there is a change of be granted a pardon, perhaps learning who has the discretion to grant them will answer your question. You see, a federal pardon can only be given by the President of the United States, known as the power of executive clemency, and decreed in Article II, Section 2, Clause 1 of the U.S. Constitution.

So in order to receive a pardon for a crime, someone must get the attention of the Presidency. In order for a defendant to be granted clemency by the President of the United States, they must also meet the specified qualifications, which involve factors such as the number of years since the conviction or release from incarceration, character references, recent criminal history, and more.

Records of Pardoned Crimes

Depending on the state, if a person has a crime pardoned by the government, it will most likely still show up on public databases, but it will also show that the person was pardoned for the incident. In such cases, a person could petition for criminal record expungement to have their criminal history sealed from public access.

How to Expunge Criminal Records in Indiana

Call 317-636-7514 to get started on the Indiana criminal record expungement application process. We offer professional criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the 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.

Will the State Expunge My Shoplifting Arrest Record?

Posted on September 10, 2019 by admin

Life is certainly a learning curve. And along the way, many of us make poor character choices that later teach us the morals we ultimately adopt as our own. One such error in judgement is the crime of shoplifting, which happens to be among the most common adolescent and young adult offenses committed in the United States. Unfortunately, being arrested for shoplifting does stay on your permanent, public record forever; unless you do something about it, of course. If you wish to improve the quality of your life full-circle, you might want to consider the Indiana Second Chance laws. Keep in mind, however, not all petitioners qualify.

So, can you expunge a shoplifting arrest from your criminal record? Continue reading to learn how to find out.

Theft Charges in Indiana

If you were arrested for theft in Indiana, the type of charge you get, misdemeanor or felony, depends on the value of the stolen goods, and a few other contributing factors. Accordingly, the factors surrounding your eligibility for criminal record expungement will depend on the severity of your criminal charge. Below is a guide to help you understand the levels of punishment for different values of theft in Indiana.

📿 Under $750 = Class A Misdemeanor

🚙 Between $750 & $ 49,000 = Level 6 Felony

⛵ Over $50,000 = Level 5 Felony

Do You Qualify for Expungement?

Your eligibility for criminal record expungement first depends on whether or not you were ever charged, what you were charged with, and how long it has been since the date of your arrest. Additional contributing factors that determine your eligibility include your recent criminal history, employment, citizenship, and more.

Talk to a licensed Indiana expungement attorney for help confirming your eligibility for criminal record expungement. Keep in mind, not all offenses can be expunged. See our blog, “What You Can and Cannot Expunge” to learn more. But not to worry; if you do not qualify for expungement, you may be eligible for record sealing.

How to Start Your Expungement Application

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!

Can I Expunge My Pretrial Diversion Records in Indiana?

Posted on August 30, 2019 by admin

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

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!

How Many Types of Background Checks Are There?

Posted on August 13, 2019 by admin

If you are currently interviewing for jobs or participating in a similar venture that might require someone to run a background check on you, you might be concerned about what people might find on your permanent record. For this reason, it is common for people to run a background check on themselves first. But how comprehensive are these background checks? How many do you have to do to find all the personal records that are available to the public?

Continue reading to learn about the different types of background check options open to public use for a better idea of where your records might show up. Want to clean up your personal record? We’ll discuss that too.

Background Checks

There are various types of background checks you can perform on an individual that lives in the United States. Some are free, while others require a fee that ranges in price depending on how deep you want to dig. You can choose to run a background check online, in person, or via postal mail.

The option you choose depends on how much information you want, and how much you are willing to pay. As for potential employers, they tend to use the more invasive background checks. Jobs that require professional licensing or involve children will perform even more aggressive scans.

Common Types of Background Checks:

Free Online Background Checks – There are endless websites that provide free background check scans, from government portals to private investigation offices, and everything in between. However, these scans are usually not very detailed, and may not provide a lot of information on criminal history.

Paid Background Checks – There are several paid background check providers to choose from, both online and in person. Costs depend on the service fee of the vendor, as well as, the level of information desired. The more detailed the scan, the more money it will cost.

Public Background Checks – Public background checks are generally very vague. You are not likely to find criminal history through a public check, but rather, domestic information like address, phone number, marital status, dependents, driving record, and similar civil facts.

Comprehensive Background Checks – Comprehensive background checks will give very detailed reports on criminal history, traffic offenses, civil information, and more. These are typically more expensive, as they provide a very thorough scan and report.

Specific Background Checks – There are various types of specific background checks that can be performed, in addition to the ones listed above. The most common include criminal history check, past employment verification, school verification, reference check, drug tests, sexual offender registry checks, credit background checks, social media/internet checks, driving record, professional license and certificate verification, and social security number tracing.

How to Clean Up Your Criminal Records in Indiana

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 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.

Warning: An Expunged Criminal Record is NOT Destroyed

Posted on July 16, 2019 by admin

If you are considering moving forward with an expungement petition in Indiana, you are likely on your way to a promising future full of better opportunities. However, it is important that you fully understand what criminal record expungement is, what it does, and its various limitations, before you begin. Fundamentally, you need to recognize that an expunged record is not destroyed or eliminated from your permanent criminal history; instead, it is simply unattainable by the general public.

Continue reading to learn who can still access expungement criminal records and who cannot, as well as, how to get started on the right tract with your petition.

Criminal Record Expungement Services 317-636-7514

Criminal Record Expungement Process

Basically, criminal record expungement involves attending court with the intention of asking the judge to remove certain records that resulted from a past criminal court case so they are not visible to the general public. The process requires extensive filing and paperwork, all of which is very complicated. For this reason, most applicants hire a licensed criminal defense attorney who specializes in the service. You only get once chance to apply, and a minor error like a misspelled work or missed deadline can revoke your right to petition, forever.

Who is the “General Public?”

When a person has a criminal record, such records are available to the general public, either through paid background checks or free public scans, depending on how detailed of a report the user wants. So who makes up the general public? Well, the general public would include anyone who has access to a computer. Common parties that use background checks and scans include employers, schools, banks, rental companies, landlords, airlines, friends, family, and even potential dates or parents of your potential date.

Who Can Still Access Expunged Records?

Although a criminal record is expunged, it still exists. It is not a pardon, nor a repealed conviction. Instead, an expunged record is withdrawn from public databases, but not private ones. Private authorities who will still have access include law enforcement and certain governmental parties, including the police, courts, FBI, immigration officers, and other public officials. On the other hand, these authorities only access such records in very specific situations.

Read our blog, “FAQs About Sealing and Expunging Criminal Records” to learn all the basics to the process of criminal record expungement. This will get you ready to start working on your petition!