Category Archives: Indiana Criminal Record Expungement

Indiana Criminal Record Expungement Facts and Fiction

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There is a new law in Indiana that allows qualified individuals to conceal their past arrest and criminal records from the public, and it has many people talking. With all the facts and fiction being spread regarding this new law, it is important to distinguish what is actually true and which rumors are false. Continue reading for accurate answers to the most common criminal record expungement questions in Indiana, as well as, what you may hear but shouldn’t believe.

Criminal Record Expungement is the Legal Concealment of Past Convictions, Arrests, and Charges. TRUE!

Under the new Indiana law, expunged criminal records are concealed from the general public, and only made available under limited circumstances. Once expunged, they can only be released by court orders or made accessible to law enforcement that is acting on official duty.

Potential Employers Cannot Find Expunged Records While Performing a Standard Employee Background Check. TRUE!

Records that have been expunged cannot be accessed by any individual performing or running a background check. They are concealed from employers, banks, leasing offices, and more. It is illegal to discriminate against any person for a conviction, arrest, or charge that has been expunged. This means an employer cannot fire or choose to not hire an individual based on a criminal charge that was expunged.

Anyone Can Qualify for Criminal Record Expungement. FALSE!

Individuals must qualify for criminal record expungement by meeting certain requirements and criteria. Depending on the crime, charge, or conviction, individuals must wait at least 5 years before applying to have their records expunged. And that’s just for misdemeanors and minor charges. For more serious convictions, more time is required to pass before a person can qualify. It can be as high as 10 years or more before someone with a felony charge or conviction can expunge their records. And many will never qualify at all based on other requirements. Consult an Indianapolis expungement lawyer for more details about qualification requirements.

Minors Can Expunge Criminal Records. FALSE!

Individuals with convictions, arrests, or charges from when they were a minor can have their records expunged if they meet all other criteria; however, an individual under the age of 18 must wait until they are a legal adult before they can qualify for expungement. So, juvenile criminal records can be expunged, but a person must be at least 18 years of age before filing for expungement.

Individuals Can Only File for Expungement Once in their Lifetime. TRUE!

A person may only file a petition to have their criminal histories expunged one time and one time only. If they make one filing error or mistake, they lose their chance to expunge their criminal records. This is why it is vital to hire a lawyer for accurate filing and processing.

Indianapolis Expungement Lawyers

Call 317-636-7514 for details about filing for criminal record expungement in Indiana. We are well-versed in the new Indiana record expungement laws, and can discuss your eligibility to expunge your criminal records. Call 317-636-7514 and schedule a consultation to discuss criminal record expungement in Indiana, today.

Pros and Cons Surrounding the Indiana Criminal Record Expungement Law

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The new criminal record expungement laws are earning mixed reviews among lawyers, legal committees, counsels, and magistrates. The critics are arguing that the new law, permitting past convicted criminals to expunge their records, just doesn’t quite add up. These reconsiderations are now encouraging our communities to discuss the advantages and disadvantages of the new record expungement law, and adopt our own outlooks or positions on it.

Indiana Record Expungement

The Indiana criminal record expungement law came into effect last year in an effort to relieve past offenders of their criminal record encumbrances. Its purpose is to allow people with a non-violent criminal record to conceal their criminal histories and arrest records from the public in order to qualify for better jobs and broader personal prospects. It prohibits the public, like employers and mortgage companies, from accessing a person’s criminal history in order to investigate their eligibility and entitlement. This means expunged records will not be revealed on a standard background check.

This new law is gaining much expected popularity among past Indiana offenders and criminals. According to a recent article published by IndianaBusinessJournal.com, this year more than 270 requests for criminal records expungement were received in the first six months just in Monroe County, IN (“Prosecutors: Expungement Law” par. 3). There are two principle arguments that continue to arise when discussing the pros and cons to criminal record expungement. The first argument is that the law gives people another deserved opportunity they have longed for their whole lives; while the second argument remains that the law degrades and debases our country’s justice system by essentially eliminating the long-term consequences of committing a crime.

In the same article published by IBJ.com, Monroe County Chief Deputy Prosecutor Bob Miller was quoted telling the Herald-Times of Bloomington, “On the one hand, it provides a sort of amnesty for people who made a mistake when they were younger that has haunted them since in terms of education and employment. That part is a good thing…but victims can think it unfair for an offender to clear his or her records…”(“Prosecutors: Expungement Law” pars. 5-6). This tells us that there are both positive notes, as well as doubts, no matter which side of the debate you are asking.

Although many will argue that the process of judges and prosecutors granting expungement is becoming very hasty and routine, there are still those who draw the line. Prosecutors in various counties across Indiana are frequently denying requests for expungement where they see it’s not fit or justified. For example, criminals with certain felonies, like sexual or violent crimes, are still requesting expungement but not receiving approval because of the severity of their crimes. The unfortunate part is, judges are not allowed to weigh testimony from victims when a person is being reviewed for expungement. This means that many people that may not deserve a clean record are getting one anyway.

Works Cited: “Prosecutors: Expungement Law Has Good, Bad Sides.” Indiana Business Journal, 20 July 2014. Web. 07 Aug. 2014. http://www.ibj.com/prosecutors-expungement-law-has-good-bad-sides/PARAMS/article/48674

Indiana Expungement Lawyers

Call 317-636-7514 to expunge your criminal records in Indianapolis, Indiana. We are reputable and adept Indianapolis expungement lawyers that are well-versed and proficient in the new Indiana criminal record expungement laws. Call us today at 317-636-7514 to learn more about criminal record expungement in Indianapolis, IN and its surrounding counties.

How Soon Can You Expunge Criminal Records?

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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.

What is a Certificate of Actual Innocence?

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Many people ask about certificates of actual innocence and how they can help clear their legal slate; but they are commonly confused with expunging criminal records. Understandably, this confusion creates a wide-range of skewed and inaccurate answers to the question, “What is a Certificate of Actual Innocence?” To comprehend the purpose of these certificates, it is important to understand criminal record expungement as well.

Knowing the difference between record expunging and certificates of innocence can sometimes answer questions for you that you didn’t even know you had. For those of you looking up ways to get a clean criminal slate, learn whether or not you need to apply for a Certificate of Actual Innocence or criminal record expungement.

Defining Certificates of Actual Innocence

A Certificate of Actual Innocence is the utmost and highest form of criminal record expungement. Not only does it lawfully seals a conviction or arrest from a person’s criminal record, it recognizes that the person was innocent of the crime to begin with and should not have been arrested in the first place. It conceals a past criminal mark on a person’s record, while stating that the criminal mark should never have existed at all.

These certificates are awarded to those who were arrested for charges they did not commit, and whose charges were later dropped. These individuals can choose to have this particular arrest sealed permanently on their personal record and legally indicated that it should never have occurred to begin with. For those arrested and charged with a crime they were found guilty of, criminal record expungement may be possible, but a certificate of innocence is not.

People wish to conceal past arrests and convictions in order to protect their image, career, families, and more. Having a criminal record can prevent a person from getting a decent job, being approved for a bank loan, renting a home, and more. It is important to conceal arrest records with the help of a professional lawyer or law firm that specializes in expunging arrest records. If you were arrested or charged with a crime you are not guilty of, call a licensed Indianapolis Criminal Record Expungement Attorney right away. They can determine if you are eligible to expunge your criminal and arrest records or if you qualify for a Certificate of Actual Innocence in Indiana.

Criminal Record Expungement in Indiana

If you were arrested for a crime you are not guilty of, or were arrested and later found innocent, you may be eligible for a Certificate of Actual Innocence in Indiana. Call 317-636-7514 to learn more about criminal record expungement and certificates of innocence today. Our highly experienced and knowledgeable attorneys are extensively well-versed in expungement law in Indiana and can answer any questions you may have. Contact Us at 317-636-7514 to schedule a free initial consultations to examine your case and discuss your eligibility for a Certificate of Actual Innocence in Indiana.

Do You Want to Expunge Your Criminal Record?

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Living with a criminal record can be extremely frustrating and shameful. Many people make mistakes when their younger, or when they’re put in undesirable situations. Sometimes these situations or mistakes result in arrests, trial, and convictions. When this happens, a person has no choice but to live with the consequences that come with breaking the law. Employers, landlords, and more can access public record directories and find a person’s criminal history. They can identify whether or not a person has been arrested or convicted of a crime. Misdemeanors, companies, and simple arrests are all posted to their personal background records. Crimes and convictions follow people their entire lives and prohibits them from enjoying normal amenities that any of the person with better criminal record can enjoy. And amenities such as renting a home or apartment, or earning a promotion they are qualified for by rejected due to their criminal histories, and more.

Criminal Record Expungement Process

If you are someone with a criminal record, you might want to know how to restrict these records from the public eye. This process is called expungement. Fortunately, Indiana has passed a new law allowing criminal record expungement for people with arrest records and criminal histories. Although there are several stipulations surrounding eligibility and requirements, many people are now able to feel their criminal records from all public access; including landlords, employers, public databases, and more.

If you are somebody that wishes to expunge their criminal record, take action right away. This new law is extremely controversial and retains a huge following of naysayers and sex. It is important to act immediately and begin the process of record expungement in case the law is banished in the near future. Here is the quick guide to starting the criminal record expungement process in Indiana:

1. Recall all Previous Arrests and/or Convictions and their Dates
2. Gather All Related Legal Paperwork for Each Arrest and/or Conviction
3. Call a Criminal Record Expungement Attorney
4. Schedule a Free Initial Consultation to Assess Your Eligibility for Expungement
5. Retain the Services of a Criminal Record Expungement Lawyer
6. Follow All Instructions and Counsel Recommended by Your Expungement Attorney

Call 317-636-7514 for criminal record expungement information in Indianapolis, Indiana. Our attorneys are well-versed in the new Indiana expungement law and can answer your questions about expunging criminal records. We help our clients by offering free initial consultations to assess whether or not a client is eligible to expunge his or her criminal records in Indiana. We offer professional attorney services for adult criminal record expungement and juvenile record expungement. Contact Us at 317-636-7514 to schedule your free consultation and get started on the right track towards expunging criminal records in Indianapolis, Indiana today.

Can I Look Up a Person’s Expunged Personal Background Records?

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Back in 2011, a new law in Indiana was put into effect regarding the sealing and restriction of a person’s past criminal records and convictions. Basically, this law allowed past offenders to retain legal counsel and petition for criminal record expungement. If they qualify for expungement and granted approval by the courts, their past criminal and arrest records are indefinitely concealed from public reach. This means that employers, landlords, and more cannot look up or identify a person’s criminal arrest records during a standard background check or screening.

Expunged Records

So the answer to this question is that person’s expunged records cannot be accessed by another person, company, or entity. The only exception to this rule is that law-enforcement officials, magistrates, courts, government officials, license branches, loan offices, and other government-run offices and associations will always retain the ability to obtain these records at any time.

You can say criminal record expungement is similar to giving a person a second chance at life. This is because there are several benefits to expunge and arrest records and criminal records. Although this laws now in fact in Indiana, there is no promise that it will remain forever. This law can go away at any moment and any day. It’s highly recommended to take advantage of this opportunity because it can open so many doors for past offenders, felons, and anyone with a criminal record. It is also highly recommended to retain professional legal counsel because the law limits how many times a person can apply for criminal record expungement.

The application process is lengthy, tedious, and complex; which is why an attorney is needed. If any mistakes are made during the application process for record expungement, a person can be denied. The law only allows someone to apply for criminal record expungement once in their lifetime. This is why it is vital that no mistakes are made during the application process. A license inexperienced attorney retains the knowledge and training to facilitate this application process accurately the first time.

Expunge Criminal Record Indiana

Expunge Criminal Record Indiana is a law firm in Indianapolis that can help you apply for criminal record expungement before the opportunity is lost. our highly knowledgeable and proficient attorneys are well-versed in the Indiana expungement law and can properly facilitate the application for criminal record expungement for anyone with past convictions, arrests, or records. There are several limitations, restrictions, and prerequisites that qualifies a person for expungement. Most can qualify; however, some people will not qualify depending on the type of convictions they have on the record. For more information about this, call 317-636-7514 to schedule a free initial consultation to see if you qualify for criminal record expungement in Indianapolis, Indiana.

Expunging Adult Criminal Records in Indiana

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Any adult that has a past criminal record in Indiana has certainly experienced some road blocks in life. Any crimes, felonies, arrests, charges, and more are permanently recorded in state police records, public databases, and their personal record. These records affect people when they are applying for jobs, renting an apartment, applying for a loan, buying a house, and more. Managers, supervisors, business owners, banks, landlords, and more frequently inquire about police and criminal records during application processes. Although it seems intrusive, it is their way of accessing a person’s ability to perform well on the job, pay back a loan, responsibly rent an apartment, etcetera.

Criminal histories almost always make these ventures impossible or extremely difficult. It is not likely that a person will be hired for a job, approved for a bank loan, or handed a contract for an apartment if they have a lengthy criminal record. Why would they when there might be several other candidates that do not have criminal records? The good news is that there is a new law that allows past convicts to hide or expunge these criminal records from people such as this and make their lives better. Continue reading to learn about expunging adult criminal records in Indiana.

Indiana Criminal Record Expungement for Adults

To expunge a criminal record is not the same thing as magically erasing these charges from a person’s record. A person is still guilty of their past crimes and they will still be visible and attainable on police records and other governmental databases like the DMV and social security office. However, expungement hides these past criminal charges from the public view; making it impossible for employers, landlords, and other public viewers to see a person’s criminal history. There are some crimes that cannot be expunged; such as murder, rape, child molestation, etc. For the most part, misdemeanors and non-violent felonies are able to be expunged.

To expunge an adult criminal record, there are a few rules and guidelines that a person must follow. There is also a substantial amount of criteria they must fit in order to expunge criminal records. To understand these guidelines and to see if someone is eligible for criminal record expungement, they must consult a lawyer that is familiar with the new law.

Indianapolis Criminal Record Expungement Lawyers

Call 317-636-7514 for information about criminal record expungement in Indianapolis, Indiana. We are highly knowledgeable on the new laws, criteria, and processes for adult criminal record expungement in Indiana. Visit our website at https://www.expungecriminalrecordindiana.com/expungement.php for details about our services and company background. For accurate and reliable information about adult criminal record expungement in Indianapolis, IN, call 317-636-7514 for a free consultation today.

What Can Criminal Record Expungement Services Do for You?

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When a person has a criminal record, it can create a downhill spiral of consequences for life. Whether a person was arrest, convicted, or both, a record will hold them back from certain benefits and advantages in normal society. Taking out a bank loan, applying for a job opening, renting an apartment, and more can create obstacles for someone who has been arrested or convicted of a crime. The good news to counter all of these negative consequences is that a person can now have their arrest and conviction records expunged in certain states. Continue reading to learn how the expungement process operates, and how expunging criminal arrest records can better a person’s life.

Expunge Criminal Records

Expunging a criminal record does not mean that you are now not-guilty of a prior conviction or arrest; it simple seals or hides your criminal record from the public eye. Although you are still found guilty of the crime or offense, the proof that the arrest or conviction exists is only visible by law enforcement and government. Landlords, employers, job applications, banks, and more cannot ask about or find proof of expunged criminal records. This service is a delicate one that requires expert focus and exact operation. One mistake can cost a person a lifetime of regret because it is the law that a person can only file for expungement once in their life. One mistake means your chance is over and gone forever. It is highly advised to hire a lawyer that has extensively studied the expungement law, and knows how to file appropriately.

Certificate of Actual Innocence

One of the highest and most powerful forms of criminal expungement is receiving a Certificate of Actual Innocence. Not only does this type of expungement seal prior records, it proves that the arrest and charges should never have existed at all. If a person is arrested and charged with a crime that are later dropped, they can get the arrest completely removed from their record and show that it never should have happened to begin with; as well as, an actual certificate that states they were never guilty of anything.

Indianapolis Criminal Record Expungement Services

For Indianapolis criminal record expungement services, call Expunge Criminal Record Indiana at 317-636-7514. We are highly proficient in the new Indiana expungement laws and processes; and can help you or a loved one remove criminal records and arrests. Get better jobs, rent apartments, and more with an expunged criminal record. Visit our webpage at https://www.expungecriminalrecordindiana.com/expungement.php for details about our services and attorneys. For criminal record expungement services you can trust and afford in Indianapolis, IN, call Expunge Criminal Record Indiana 317-636-7514 today.

Employer’s Ability to Perform Background Checks is Currently Limited Under a New Indiana Law

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A new Indiana law, most recently in affect, further restricts business owners and employer’s rights to file for a background check on any potential hire. Not only can criminal records be restricted from companies, full identity pictures may also be blocked as well. This new law is in fact an addendum to the ruling passed nearly two years ago; allowing people to expunge crimes from personal records so long as they qualify. In order to qualify, an applicant must meet all of the eligibility requirements lined out by Indiana legislatures. Continue reading to learn more about this criminal record expungement topic and its related issues in Indiana.

Restricted Access to Convictions Law

The Restricted Access to Convictions Law was ratified in July 1, 2011. Under certain conditions, it gave ex-convicts an opportunity to restrict criminal convictions from their personal record; and still does. This law allowed any person with a misdemeanor or Class D felony to legally petition to the courts to have their past crimes erased from their criminal records. The missed factor was that this ordinance only applied to public agencies and databases, not private or commercial ones.

The idea behind introducing the law was to give people with past minor offenses a second chance at securing better jobs, incomes, and benefits. Because of the minor loophole, this new addendum has been introduced to further restrict employers’ access to criminal records in all databases.

Employer Restrictions Addendum and Related Violation Infractions

If a person has their criminal records expunged, the new law permits them to deny any past criminal offenses on job applications and interviews. These same employers will not be able to locate any criminal history on an applicant’s personal record either, under the new law. In fact, it is a Class B infraction for any employer to ask an applicant if their criminal history has been sealed or expunged from their record. Violations of this rule can result in fines reaching or exceeding 1,000 dollars.

It is a Class C infraction for any employer or company to deny or discriminate against people that have had their past criminal convictions expunged from their personal record. Any employer or person in violation of this rule can be held in contempt of court; and may also be sentenced to provide some kind of non-monetary restitution, or injunction.

Under the new law, in effect as of July 2013, criminal history providers are required to change, update, and correct their databases accordingly, to reflect recent expungements. They cannot release non-conviction information as well. Penalties for such infractions include: liquidated and statutory damages, attorneys’ fees, court costs, and more.

Criminal Expungement Information in Indiana

Call 317-636-7514 for accurate updates and information surrounding the new criminal expungement addendum’s in Indiana. We are highly knowledgeable and practiced criminal attorneys with a strong focus on Indiana Criminal Expungement. We are the lawyers to trust for dependable and professional advice regarding you or your loved one’s criminal record. For expungement services and inquires in Indiana, call 317-636-7514 and schedule your first free consultation with a licensed and reputable attorney today.

How to Expunge Juvenile Court and Arrest Records in Indiana

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With information spreading about the new Indiana expungement laws, many families are beginning to wonder if this law can apply to juvenile records as well. In Indiana, the answer is yes; however, there are still certain stipulations surrounding expungement eligibility. As long as a person is at least 18 years old and qualifies for expungement, there is a good chance they can succeed in removing arrest and court records from their file. Continue reading to learn how to expunge adolescent arrest records and court histories in Indiana; and who to call for accurate advice and counsel regarding juvenile criminal record expungement.

A Clear Slate for Juvenile Offenders

When a criminal record is expunged, past offenders can legally tell employers, licensing agents, landlords, and more that they have never been convicted of a crime in Indiana. There are several other advantages to sealing juvenile arrest and court records too; so long as the defendant fits within all the prerequisites for criminal record expungement. This means they have no other pending charges since the arrest, five years has passed since the closing of all court proceedings, they are at least 18 years old, and the arrest charges in question were not serious felonies that do not qualify for expungement, such as crude sexual offenses or murder.

To get adolescent records expunged, defendants are required to file a petition to the pertaining courthouse, as well as, pay a predetermined court filing fee. By law, a person is only allowed to file one time for criminal record expungement in a lifetime; however, they can expunge multiple records at one time. This means that all paperwork and filing procedures must be facilitated flawlessly in order to have a shot at expunging court records at all. This is why it is imperative to hire a reputable and knowledgeable attorney for assistance with accurate and precise filing.

What Happens Once a Juvenile Record is Expunged?

If a person’s petition for adolescent criminal expungement is accepted, then that person’s record is no longer acknowledged by the court. Legally, if this person is asked if they have a criminal history, they can say no. Individuals and organizations that might request background checks include employers, government agencies, landlords, educational institutions, banks, and more. If a juvenile record has been expunged, it will not show up on background checks. Only in some cases will juvenile arrest records show up on background checks. For example, if a person is applying within a law enforcement agency, these records will most likely be available. Also, if a juvenile record concerns a vehicle violation, then most insurance companies can obtain this information.

Expunge Your Criminal Record in Indiana

For more information about expunging juvenile arrest records in Indianapolis, call Expunge Criminal Record Indiana at 317-636-7514 today. You can reach a friendly legal representative during regular business hours. We offer free first consultations for all who qualify; as well as, accurate updates on the current Indiana expungement laws and filing requirements. If you require assistant with expunging juvenile court records in Indianapolis, IN, call our office today for professional legal assistance you can trust.