Here’s what you really need to know about the new Indiana criminal record expungement laws, also known as the Indiana’s Second Chance Law:
It can be repealed at any time!
So as someone with an arrest or conviction on your criminal record,
what does this mean for you? It means you should not wait another minute to get
your criminal record cleared in Indiana! The new expungement law has
considerable opposition, and can be gone at any time. We offer free
consultations to give people information about the law, the legal guidelines,
and their qualifications. Take advantage of this opportunity in Indiana, and
get your criminal record expunged this year!
If you are a resident of, or have convictions in, the City
of Indianapolis, you can begin your petition process as soon as today. Continue
reading to learn how to clean up your criminal record with the advantage of the
new expungement laws in Marion County, Indiana.
Marion County Criminal Record Expungement 317-636-7514
Marion County Record Expungement
Before you get your hopes up, it is important to review some
additional facts regarding the Indiana expungement laws. Not everyone will
qualify, and time is already running out. Here are some more facts you need to
know:
❖ You can only petition for expungement ONCE in a lifetime.
One error, even as simple as a misspelled word, will have your petition
rejected, and your chance is forever lost.
❖ The Indiana expungement law is very unpopular among many interest groups, who accordingly, are doing what they can to appeal it. This means the Second Chance Law risk being repealed soon.
❖ You can petition for criminal expungement for several offenses in multiple counties, however, you must do it all within 1 year.
❖ Most violent crimes and sex crimes do not qualify for criminal record expungement.
❖ Most individuals who are at successful with criminal record expungement hired a lawyer to assist them with the complex petitioning paperwork and rigorous process.
How to Get Started
To expunge criminal records in Marion County, you are wisest to choose a skilled law firm well-versed in the new Second Chance Laws and procedures. Call 317-636-7514 to expunge criminal records in Indiana. We offer criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the new Indiana expungement laws, and know exactly how to file and obtain a legal expungement, successfully.
The new state criminal record expungement law, also known as the Indiana
Second Chance Law, officially took effect on July 1st of 2013. Since then, thousands of Hoosiers have taken
advantage of the opportunity, and as a result, opened more doors for employment,
housing, loans, school, and more. If you have a past criminal record, whether
from your juvenile years or as an adult, you may be eligible to have these
records sealed from public access.
Not only will private parties be prohibited from viewing your criminal records, public parties like employers, banks, landlords, and more will also be blocked from such information. Furthermore, with expunged records, you can honestly and legally answer “no” when potential employers ask you if you have ever been convicted of or arrested for a crime. Continue reading to learn more about getting started on a criminal record expungement application.
Criminal Record Expungement Attorney 317-636-7514
If your petition is granted, criminal records are removed from court
files, police records, Department of Correction files, drivers’ license branch
files, substance abuse counselor records, and more. Also, it will be illegal
for any institution or employer to suspend expel, refuse employment, refuse
admittance, deny permits or licenses for occupational or professional activity,
or discriminate in any way. Furthermore, certain rights are restored, such as
the right to vote, hold public office, and own or possess a firearm (unless
otherwise prohibited by law).
Act Fast Before the Law is Appealed
Although this law has been around for a few years now, it is still not a popular one among certain lobbyist parties. This means it may not be around much longer; so act fast and see if you qualify for Indiana criminal record expungement. Here is exactly how to get started on your petition:
Step ❶ – Contact a Licensed Criminal Defense Lawyer Who
Specializes in Expungement
Step ❷– Determine Your Eligibility for Criminal Record Expungement
Step ❸ – File Your Petition With Your Lawyer’s Assistance
Step ❹– Enjoy Your New Life as a Record-Free Hoosier!
Where to Get Expungement Help in Indianapolis?
Call The Law Firm of Attorney David E. Lewis at 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.
The new Indiana Second Chance laws certainly provide a load
of benefits and better opportunities for past offenders. However, not everyone
is eligible for criminal record expungement, and perhaps not even for criminal
record sealing. Continue reading to learn which groups of individuals with past
criminal records may be qualified, as well as, how to get started on your expungement
petition.
Criminal Record Expungement Attorney 317-636-7514
Indiana’s Second Chance law (IC §35-38-9)
⚖ Found Not Guilty (IC §35-38-9-1):
So long as you were found “Not Guilty”, or your charges did
not result in juvenile adjudication or a conviction, you may be eligible for
expungement. Furthermore, if your charges did end up in juvenile adjudication
or a conviction, you may still be eligible if your conviction was later vacated
on appeal.
⚖ Convicted of a Misdemeanor (IC §35-38-9-2):
If you were convicted of a misdemeanor, or Level 6 felony
offense that was ultimately reduced to a misdemeanor, you may be eligible for
expungement.
⚖ Convicted of a Felony (IC §35-38-9-3 and §35-38-9-4):
So long as your felony conviction was not for a violent crime, sex crime, murder, human or sexual trafficking, a felony that resulted in serious bodily injury, or any another type of violent crime, you might be eligible for expungement. You are not if you were convicted while a candidate for, or in office as, an elected government official.
⚖ Convicted of a Violent or Sexual Felony (IC §35-38-9-5):
Those convicted of a violent or sexual-related felony may be
eligible for expungement depending on various specific factors. Talk to a criminal
defense lawyer to learn your eligibility as a past offender convicted of a
violent or sexual felony. You are not eligible if you are a sex offender, or
convicted of a violent crime, such as murder, human or sexual trafficking, a
felony that resulted in serious bodily injury, and more. Furthermore, you are
not eligible if you were convicted while a candidate for, or in office as, an
elected official.
How to Start Your Expungement Petition
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!
If you have a criminal record from your past that is still
lingering around and holding you back from a better life, perhaps it is time to
learn what the new expungement laws can do for you. One of the most important and
beneficial aspects of the new Indiana Second Chance Law is that it strictly
prohibits employers from discriminating against applicants with criminal
histories. This means you have a chance at higher employment, promotions,
professional licenses, and more.
Continue reading to learn exactly what the Indiana expungement
laws say about employer discrimination and applicant rights.
Indiana Criminal Record Expungement Lawyer 317-636-7514
The Indiana Second Chance Law Helps You Get Better Jobs
If you want to know what the Indiana Second Chance law
states about employers and discrimination against applicants with criminal
records, you will need to refer to the Indiana Expungement Statue,
IC-35-38-9-10(b), which specifically states:
“(b) It is unlawful discrimination for any person to…
(1) suspend;
(2) expel;
(3) refuse to employ;
(4) refuse to admit;
(5) refuse to grant or renew a license, permit, or
certificate necessary to engage in any activity, occupation, or
profession; or
(6) otherwise discriminate against;
…any person because of a conviction or arrest record expunged or sealed under this chapter.”
The statute goes on to say, “The Indiana Expungement Statue
states that a person whose record is expunged shall be treated as if the person
had never been convicted of the offense.
So after your successful expungement, on any employment application, or
other applications, you can legally answer that you have never been convicted
of a crime.”
The first step to petitioning for criminal record expungement in Indiana is to confirm your eligibility. Unfortunately, not everyone will qualify, as there are several prerequisites and stipulations. For instance, violent and sexual offenses are not eligible for expungement, nor are convictions in which you were found guilty of the crime. Also, a certain amount of time must pass before you can have a criminal record expunged. Read our blog, “Expungement or Record Sealing: Which Do I Qualify For?” to learn more about criminal record expungement and record sealing eligibility.
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! 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 in Indiana, and get your criminal record expunged this year!
The New Indiana Second Chance Law allows those with past
criminal records to seal such records from the public. This means better opportunities
for employment, housing, education, and overall quality of life. However, there
are several rules and restrictions to this new law, making it a risky endeavor
to attempt alone. You need a professional Indianapolis criminal defense lawyer
who is well versed in the expungement laws to help you with the process, from
start to finish.
Continue reading to learn what you need to know about
sealing criminal records, including what can and cannot be expunged.
Criminal Record Expungement Attorney 317-636-7514
Arrest Records
In Indiana, arrest records can be expunged so long as no
conviction resulted, you do not have a suspended driver’s license, and it has
been at least one year since the date of the arrest. How could this be
beneficial to someone? A college student looking to apply to graduate school has
a public nuisance arrest on their record from freshman year, but they were
never convicted. They could have this record expunged so that the dean and
application counsels do not see it and use it against them.
Misdemeanor Convictions
If you were convicted of a Class A through Class C
misdemeanor, you may or may not be eligible for expungement. It depends on a
long list of factors, including the nature of the offense and the amount of
time that has passed since the conviction. In Indiana, you must wait 5 years
since the date of the conviction before petitioning the court for expunction.
Felony Convictions
If you were convicted of a Class D felony that was reduced
to a misdemeanor, you would need to adhere to the same prerequisites as a
misdemeanor conviction, as mentioned above. Most non-violent felonies, you must
wait at least 8 years since the date of the conviction, plus meet all the other
requirements, such as no pending charges, valid drivers’ license, and more.
What CANNOT Be Expunged
Expungement is not available to everyone. Those who are not
eligible include sex offenders, violent offenders, and anyone convicted of
official misconduct.
Where to Start Your Expungement Petition
Call 317-636-7514 if you want to expunge a criminal record in Indiana. 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.
The Second Chance Act is something important to anyone with
a past criminal record in Indiana. It is a new beginning for those whose lives
are affected by a previous conviction. If you fit into one of these categories,
this blog is for you.
Continue reading to learn facts about the Second Chance Act, including what it can do for you and how to get started on your new beginning.
Indianapolis Criminal Record Expungement Attorney 317-636-7514
Second Chance Act
The Second Chance Act is Indiana’s new criminal record expungement law. You can find details pertaining to this law by reviewing “Sealing and Expunging Conviction Records”, Indiana Code 35-38-9. Criminal record expungement allows those with past criminal records to block their criminal history from the general public. Although their records are not destroyed, they are hidden from common background checkers, such as landlords, loan officers, employers, private individuals, and similar parties.
Eligibility
In order to have your criminal records expunged, you must
petition the state by filling out an application. The application process involves a series of
petitions, paperwork, deadlines, and strict requirements. In fact, just one
simple spelling error can jeopardize a petition’s approval, thus causing the
applicant to lose their opportunity to expunge their criminal records forever.
That is because a person can only apply for criminal record expungement ONCE in
their lifetime; and if for some reason, a single line is skipped or a deadline
is missed, the petition is instantly rejected.
For these reasons and more, it is standard practice to retain the services of a licensed and experienced Indianapolis criminal record expungement lawyer for help with the entire process, including determining your eligibility. In fact, before doing anything else, your first step is to contact an expungement attorney to have your eligibility evaluated. You see, not everyone qualifies for criminal record expungement; there are several detailed and complex prerequisites for being eligible.
Examples of primary eligibility requirements for the current
Indiana Second Chance Act:
✏ Arrest Records
Section 1 of the Second Chance Act permits an arrest record
to be expunged if a) the arrest did not result in a conviction, b) the arrest
resulted in a convicted that was later vacated on appeal, as well as, a) the person
is not currently involved in a pretrial diversion program.
✏ Misdemeanor Records
Misdemeanor charges, as well as, Class D felonies (crimes
committed prior to July 1, 2014) and Level 6 felonies (crimes committed post
June 30, 2014) that were reduced to a misdemeanor, can be expunged if a) 5
years have passed since the conviction date, b) the person has no pending
criminal charges, c) the person paid all fines, fees, court costs, and any
order restitution, in full, d) the person has not been convicted of any
additional crime in the past 5 years.
✏ Felony Records (Non-Violent)
Class D and Level 6 felony charges can be expunged if a) 8
years have passed since the conviction date, b) the person has no pending
criminal charges, c) the person paid all fines, fees, court costs, and any
order restitution, in full, d) the person has not been convicted of any
additional crime in the past 8 years. Under Chapter 35-38-9 of the Indiana Second
Chance law, sex crimes and violent crimes are not eligible for expungement. Additionally,
official misconduct, homicide, and human/sexual trafficking convictions cannot
be expunged.
✏ Public Officials and Violent Felonies
Public officials and those with violent felonies may be
expunged if a) 10 years have passed since the conviction date, b) the person has
no pending criminal charges, c) the person paid all fines, fees, court costs,
and any order restitution, in full, d) the person has not been convicted of any
additional crime in the past 10 years, e) the state prosecutor approves the
expungement in writing. Even if all of these requirements are met, the court
still might deny expungement.
✏ Pretrial Diversion Records
The Second Chance Act permits records of pretrial diversion
programs to be expunged since, upon completion, the state dismisses the charges
and the record is the same as an arrest that didn’t result on a conviction.
Criminal Record Expungement Legal Assistance
Criminal Record Expungement 317-636-7514
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.
In some cases of arrests, the state prosecution might decide
to not file charges against a defendant. This decision might come for a number
of reasons, from mistaken identity and false accusations, to lack of evidence
and actual innocence. Whatever the reason your appointed prosecutor decided to
not file criminal charges against you, you might still be filled with a list of
questions, mostly concerns for your reputation and future.
Continue reading to learn what your criminal record might
look like after being arrested, and ultimately, having no charges filed against
you.
Indiana Criminal Record Expungement Law Firm 317-636-7514
Arrest Records
An arrest record is just a part of your overall criminal
record. This means that even if criminal charges were never filed against you,
your criminal record will still show the event of arrest. Of course, it will
also show that no charges were ultimately filed. The arrest will be detailed as
a “detention”, meaning a hold in custody followed by a release. It will also
detail the type of charges you were arrested on, such as drug possession, drunk
driving, theft, or assault.
Most people feel very lucky when prosecution does not file
charges against them, but this swift wind of luck is not enough to put your
mind at ease. Your personal record, available to the entire public, will show
that you were arrested on particular charges. Friends, dates, employers, school
admittance offices, and more, can all view your public criminal record. Even
though you were not charged for the crime you were detained for, the mark on
your record can still cause ripples in your life down the road.
What You Can Do
Even after prosecution does not file charges, there is still
work to be done on your part. Although it is optional, you should take your
legal journey a step further to ensure your reputation is protected down the
line. You can do this by looking into your state’s expungement and record
sealing laws. You may qualify to have the arrest record hidden or eliminated
from your public criminal history. If you are a Hoosier, talk to a seasoned
Indianapolis criminal defense lawyer who specializes in Indiana criminal record
expungement to learn when you will be eligible.
A Criminal Record Expungement Lawyer You Can Trust
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.
The new Indiana Second Chance law surrounding criminal record expungement is not so “new” anymore. And many powerful heads have not been very happy with the law being in effect. These factors, combined with various others to lengthy to mention, are the reasons why this year is the right year to get started on cleaning up your record.
We just don’t know if or when this law will be repealed, and your chances at a better quality of life are gone forever. And for this reason, 2019 is your time to make a change and take advantage of this criminal record sealing law. Scroll down to learn more.
Criminal Record Expungement Attorney 317-636-7514
Why You Need to Act in 2019
As mentioned, when the new Indiana Second Chance laws came
into effect, there were (and still are) several large groups and organizations
against them. Since the induction of the Indiana Second Chance laws, there have
been many attempts to have the laws repealed. There is a very good chance that
this law does not make it to 2020. This circumstance makes it risky to wait on
getting started on your expungement or record sealing process. Best of all, if
you get started on your criminal record expungement or sealing petition now,
you can be free of the stress of having a public criminal record by the end of
the year!
Benefits of a Clean Criminal Record
Numerous benefits come with expunging a criminal record in
Indiana. Once a person has hired our seasoned attorneys to get their criminal
records removed, they can expect certain rights to be restored to them; as well
as, employment benefits, personal achievement, emotional reward, and much more.
This new law will open up job opportunities and get more people back to work,
repair driving records, eliminate the potential for lost job opportunities, let
people feel better about themselves and their past, avoid public embarrassment,
and so much more.
What You Need to Know
Before you can reap the numerous benefits of criminal record
expungement and sealing, you must be eligible first. There are several
variables that determine who qualifies to get their record expunged in Indiana.
Misdemeanors, class D felonies, arrest records, and more can all potentially be
eliminated from a person’s criminal history. The first prerequisite for
expungement eligibility is the type of conviction or charge a person was
sentenced with; meaning either a misdemeanor, felony dropped to a misdemeanor,
or felony.
The second factor is time. Depending on the charge, there are rules on how many years a person must wait to expunge their record. For details on the legalities surrounding criminal expungement in Indiana, you must contact a licensed Indianapolis criminal defense law firm that is well-versed and experienced in the new Indiana Second Chance Laws.
Where to Get Started
Criminal Record Expungement 317-636-7514
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.
Continue reading to learn about the “Seven Year Rule”, and confirm where your arrest record stands.
Criminal Record Expungement Attorney 317-636-7514
If you are preparing to interview for a new job, you must
also prepare yourself to answer questions about your past. And if your past
involves an arrest or criminal conviction, you might be wondering what exactly
is going to show up on your background check. Understanding this information is
key in order to have the right response for your potential employer, especially
since they may already know what’s on your criminal history before you even sit
down for your interview.
If you think it has been too long since your last arrest, you may also feel at ease being under the impression that it will not appear on a criminal background check. But be very careful; depending on the circumstances of your arrest, it might stay on your permanent record indefinitely. Other types of arrests will be sealed after a certain amount of time. This is known as the Seven Year Rule, and may apply to your criminal history.
The Seven Year Rule
The Fair Credit Reporting Act (FCRA) prohibits reporting agencies from sharing non-conviction arrest records with employers after 7 years has passed from the date of the arrest. This practice is known as the Seven Year Rule. But before you get too excited, keep in mind that this rule only applies to non-conviction arrests. These are arrests that, although occurred, never led to a conviction. Here are some examples of arrest scenarios that do not end in a conviction:
You were with a group of peers who are engaging in vandalism. The entire group was caught and arrested on vandalism charges. Later, the state determines that you were not an active participant in the vandalism, they do not press charges against you. You have an arrest on your record, but no conviction.
You were out with friends on New Year’s Eve and had too much to drink. You were caught by police arguing with your girlfriend, and detained on public intoxication charges. You spent the night in the drunk tank, but charges were dropped and you were not convicted of a crime.
Criminal Record Expungement
For arrests that did end up in a conviction, the only way to hide them from being listed on public background checks is through expungement. Otherwise, they will remain on your personal record forever. Talk to a licensed criminal defense lawyer who specializes in Indiana criminal record expungement services to learn if you qualify. There are several complex rules and stipulations for criminal record expungement eligibility, and the process to petition is highly complex; hiring a lawyer is your best chance at navigating the process accurately and efficiently.
How to Expunge Criminal Records in Indiana
Criminal Record Expungement 317-636-7514
Call 317-636-7514 to expunge criminal records in Indiana. We offer criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the new Indiana expungement laws, and know exactly how to file and obtain a legal expungement, successfully. Call our office at 317-636-7514 and schedule a free initial consultation to determine your eligibility, today.
If you are looking for ways to clean up your criminal record, you may qualify for a popular solution. A new law in Indiana allows eligible past offenders to expunge or seal arrest and criminal records, which in turn, prevents the general public from having access to your criminal history. Having a cleaner criminal record is beneficial in significant ways. Not only does it open doors to better career and employment opportunities, it makes it easier to rent a home, apply for a loan, and much more.
Continue reading to learn what you can do to change your criminal record forever.
Criminal Record Expungement Attorney 317-636-7514
You Must Consider Eligibility
In order to expunge criminal records, you have to qualify. And unfortunately, not everyone will qualify. There are several strict rules and regulations for qualifying, as well as, applying and petitioning. To learn your eligibility, you can do ample research in your state, and then review all of the prerequisites for qualifying for criminal record expungement to make your own assessment.
You Will Need a Lawyer
Beware that making your own assessment is not the best route to take. Because of all the complexities involved with this new law, it would be nearly impossible to know for sure if you qualify. The best way to confirm your eligibility for criminal record expungement is to hire a criminal defense lawyer who specializes in criminal record expungement services. Read our blog, “Do You Need a Criminal Record Expungement Lawyer?” to learn the importance behind obtaining professional representation.
Learn Your Full Criminal Record
Before you take any of the above steps, it helps to confirm exactly what your criminal history contains. You can request an identity history check through the U.S. Department of Justice Order 556-73 for all federal records. Or for local records, you can go to the nearest state police department or refer to the Indiana Criminal History Services ISP webpage. Again, you can skip all this hassle by simply enlisting the help of an expungement lawyer. They can locate your full criminal history for you.
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.
How to Expunge Criminal Records in Indiana
Criminal Record Expungement 317-636-7514
Call 317-636-7514 to expunge criminal records in Indiana. We offer criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the new Indiana expungement laws, and know exactly how to file and obtain a legal expungement, successfully. Call our office at 317-636-7514 and schedule a free initial consultation to determine your eligibility, today.
