Can Drug Offenses Be Expunged from a Criminal Record?

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

Expunging Drug Convictions

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

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

Indianapolis Criminal Record Expungement

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

Learning the Difference Between Criminal Pardons and Criminal Expungement

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As of right now, there are laws passed in Indiana that allow past convicts and criminals to conceal their public arrest records. Records can be fully sealed or partially sealed, depending on a person’s qualifications. All cases are different, but these records can include certain felonies, arrests, charges, convictions, misdemeanors, and more. There is a strict guideline that decides who is qualified for criminal record expungement, as well as, a rigid application process that often times throws individuals off course. This is why professional legal counsel is necessary for anyone who wishes to have arrest records expunged. There are also application fees and several other types of prerequisites.

Legal Pardons

A legal pardon is entirely different from criminal expungement. Although, their similarities makes it understandable why many confuse the two terms with one another. A legal pardon is the government’s way of forgiving a person for their crime or 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.

Criminal Expungement

In contrast to being pardoned for a crime, criminal record expungement does not “forgive” an individual for the crimes they committed, but they will treat it as though it never happened. It is a classic case of forgive or forget, where pardons are “forgiving” and expungement is “forgetting.” When a person has their arrest records expunged, they no longer show up on public databases, and they are no longer penalized for their past criminal history. They are free to apply for jobs, bank loans, apartments, and more!

The Law Office of David E. Lewis

Call 317-636-7514 for detailed explanations regarding the new criminal record expungement laws in Indiana. We are well-versed in the new Indiana expungement laws and can determine your eligibility today! Expungement prices start at $850 so schedule your initial consultation as soon as possible. Anyone can afford to have their criminal records expunged in Indiana at these prices! Call 317-636-7514 for information about the Indiana criminal record expungement process, and start opening doors that have been closed for much too long.

Can I Have a Felony Expunged from My Criminal Record?

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

Felony Convictions and Expungement

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

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

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

The Law Office of David E. Lewis

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

Employee Discrimination Has its Consequences for Employers

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

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

Employee Rights

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

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

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

Expungement in Indiana

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

Criminal History Providers Forced to Make Changes for New Indiana Expungement Laws

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With the new Indiana expungement options in place, criminal history providers must make changes to the methods of revealing criminal accounts for anyone who has had their criminal records expunged. Criminal history providers are organizations and companies that allow businesses, employers, and general public to see any person’s criminal record and past convictions. These providers are also called background screening companies (CRA’s) and commercial database companies. They are popularly called background checks, criminal record checks, and criminal history look-ups.

Criminal archives show arrests, jail time, convictions, charges, and more. Now that Indiana has passed criminal record expungement laws, individuals who qualify can have their records sealed from public access. This means criminal history providers and background check services must limit the way they reveal a person’s public records in compliance with the expungement new laws.

Criminal Record Expungement

In order to qualify for criminal record expungement, a person must exhibit all prerequisites mandated by law. Depending on the amount of time that’s passed since the date of the conviction, current criminal mischief, the crime or conviction committed, and more, an individual may or may not qualify, or not qualify just yet. It is important to consult an Indianapolis criminal record expungement attorney to determine a person’s eligibility. You can only file to expunge your criminal records once in a lifetime. If even one tiny filing mistake is made or overlooked, it can cost you your investment into attorney fees and your opportunity to conceal your criminal records for good. A licensed attorney, well-versed in the new expungement laws, can accurately guide you through the process or implement the filing work for you to ensure accuracy.

Once a person’s criminal records are expunged, criminal history providers must prohibit revealing:

• Arrests w/o Convictions
• Infractions w/o Convictions
• Charges w/o Convictions
• Record or Proof of Expungement
• D-Felonies Converted to A-Misdemeanors
• Inaccurate Records

Criminal History Providers Must Also:

1. Complete an Annual Record Inspection to Make Sure All Records are Current and Updated, and All Information is Accurate and True

2. Annually Remove All Inaccurate and Incorrect Information in Records

3. Only Disclose Accurate and Precise Information Pertaining to a Conviction

Criminal Record Expungement Attorneys

Call 317-636-7514 for help with filing for criminal record expungement in Indiana. Get accurate advice and legal counsel for expunging criminal records in Indianapolis, IN. Costs start at only $850, and range depending on criminal history and convictions. Call 317-636-7514 to file for criminal record expungement in Indianapolis, Indiana.

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.

Can Minors Have their Criminal Records Expunged?

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New Indiana laws permit past offenders to have their previous criminal records concealed from the public. This means clean background checks and restricted criminal histories for anyone who is granted expungement. Many families who have minors with criminal convictions want to know if their son or daughter can also have their criminal records concealed. They answer is not so straight-forward. Continue reading to learn how to qualify for criminal record expungement, and if minors can be included in the system.

Juvenile Record Expungement

Anyone who wishes to have their arrest records and convictions concealed from public access must qualify by meeting certain criteria. One of the first and foremost criteria for expunging criminal records, is that the requesting party must be at least 18 years old. Only a legal adult can qualify to have their records expunged; however, this does not mean adults cannot have their juvenile records concealed. Once someone turns 18 years old, and they meet all other requirements for record expungement, they can pursue this legal grant with the help of a licensed Indianapolis attorney.

Although minors cannot have their arrest records expunged, it is not their last hope. Once they turn 18 years old, and their offenses have passed a certain amount of time, they too can pursue record expungement legally. For misdemeanors, five years must pass before the conviction can be sealed; while more severe convictions require more allotted time. It all depends on the individual’s crime, charge, and conviction.

Indianapolis Expungement Services

Call Expunge Criminal Record Indiana at 317-636-7514 to learn more about the Indiana criminal record expungement laws and eligibility requirements. Our seasoned attorneys are acutely well-versed in the new Indiana criminal expungement laws, and retain good-standing relationships with the local courthouses and magistrates. We can help you conceal your criminal records this year! Call 317-636-7514 and schedule a consultation with a licensed criminal record expungement lawyer in Indianapolis, IN 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.

How to Seal Court Records for Minors

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Kids are known to make mistakes. Now under a new expungement law in Indiana, minors with criminal records can get a fresh start by sealing their juvenile court histories. They can legally file a petition to the courts, requesting criminal record expungement of their past criminal convictions. If they are granted expungement, they can start right away by hiring an attorney that specializes in this new law.

Juvenile Criminal Expungement

When a person expunges their past criminal and court records, they can legally tell potential employers, landlords, licensing agencies, and more that they have never been arrested or convicted of a crime. However, there are several stipulations and perquisites for a person to qualify for expungement. To determine if someone is eligible for criminal expungement, it is best to consult a licensed attorney who is well-versed in this area of law. They can inform you of all the steps and procedures involved in filing for record expungement, and can facilitate all of the proper requirements and obligations accurately. Having a lawyer on your side is vital in order to be approved for expungement because, under law, a person has only one chance in their lifetime to file for expungement. If one document or paperwork is filed incorrectly, a person loses their opportunity to expunge their court records.

Here are the general eligibility guidelines, subject to vary depending on individual circumstances and convictions, for juvenile record expungement:

1. Age – Must Be 18 Years Old or Older

2. Time Passed – Must Be At Least 5 Years Since Date of Minor’s Conviction

3. Type of Offense – Serious Convictions Cannot Be Expunged (i.e. crimes that would be felony offenses in adult court)

4. Subsequent Crimes – Petitions Will Be Denied if Succeeding Adult Convictions Exist

In order to file for juvenile expungement, a person must meet all of the above criteria, then follow these steps:

1. Hire a Licensed Indianapolis Attorney
2. File a Petition to the Juvenile Court Clerk in the County of Conviction or Arrest
3. Pay a Court Filing Fee

Indiana Expungement Services for Juveniles and Adults

Call 317-636-7514 for juvenile expungement services in Indianapolis, Indiana. We are extensively well-versed in the new criminal record expungement laws, and can assist you in accurate and precise filing services. If you were arrested or convicted of a crime in your adolescent years, you may be eligible for expungement. Call us today at 317-636-7514 and schedule a free initial consultation for us to assess your eligibility for criminal record expungement in Indiana.