A List of Common Crimes and When They Can Be Expunged in Indiana

Posted on September 14, 2021 by admin

Not sure when your criminal charges qualify for Indiana’s Second Chance Law? Continue below to review some of the most common types of crimes in the state, and how long you must wait before you are eligible to seal or expunge such records.

Indiana Criminal Expungement Services 317-636-7514

Common Indiana Criminal Offenses and General Penalties

Fake I.D.’s

When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the jurisdiction they committed the crime in. Some counties charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more.

Public Intoxication

As of July 2012, a new public intoxication law was modified. Indiana Code 7.1-5-1-3 now states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for public intoxication if they are endangering their life or the life of other, breaching the peace or in imminent danger of breaching the peace, or harassing, annoying, or alarming another person or group of people.

Graffiti

Graffiti is a form of property damage that falls under the crime of criminal mischief. Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.

Shoplifting

In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen. Stolen property less than $750 is a class A Misdemeanor, stolen property between $750 – $50,000 is a level 6 Felony, and stolen property greater than $50,000 or a motor vehicle is a level 5 Felony.

Drunk Driving

If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Without the addition of enhancements, a first DUI is typically a Class C Misdemeanor, which comes with a sentence of 60 Days to 1 Year in Jail, Probation Up to 2 Years, License Suspension Up to 2 Years, Fines Up to $5,000, and more. A second or third DUI is typically a Level 6 Felony, which comes with higher penalties.

Heroin Charges

All heroin arrests are felony offenses in the state of Indiana. Heroin is a Schedule 1 drug. Even possession under a few grams of heroin is a Level 6 felony. That comes with a potential penalty of 6 months to 2 1/2 years in jail, with an average of one year, as well as, fines probation, court orders, limited freedoms, and more.

Tax Evasion

Evasion of tax is a Level 6 Felony offense in Indiana, which is punishable by 1 year or more in prison, fines up to $10,000, various court-ordered penalties, and a life-long felony record. Failing to preserve one’s tax records for the Department of Revenue (DOR) to review is also a crime, charged as a Class A Misdemeanor and punishable by up to 1 year in jail, up to five thousand dollars in fines, and additional court-ordered penalties.

When Can Criminal Charges Be Expunged or Sealed?

In order to remove arrest and conviction records from your criminal history, you must pass the Indiana expungement eligibility requirements to move forward in your case. There are several requirements, from not having any current or pending charges against you to having a valid drivers’ license, completion of all sentencing orders, and more. As for timelines, here is a guide on how long it takes for a record to be eligible for expungement or sealing in Indiana:

► ARREST RECORDS – 1 Year Following Arrest
► MISDEMEANORS – 5 Years Following Arrest
► FELONIES REDUCED TO CLASS A MISDEMEANORS – 5 Years Following Arrest
► LEVEL 6 FELONIES – 8 Years Following Arrest
► HIGHER UP FELONIES – 8 Years Following Arrest

*Eligibility for felony expungement excludes convictions involving sex offenses, elected official misconduct, or felonies resulting in serious bodily injury.

Are you interested in achieving a higher quality of life by cleaning up your Indiana criminal record? Contact our esteemed lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Are fees start as low as $850, and we never charge for initial consultations.

You Could Also Read:

Facts About Arrest Warrants and Other Types of Court Issued Warrants
How to Begin the Indiana Criminal Record Expungement Process
Hiring an Indiana Expungement Lawyer is More Affordable Than You Think

Criminal Record Expungement Attorney Indiana — Indiana Criminal Record Expungement Attorney 317-636-7514

It’s Still Not Too Late to Take Advantage of Indiana’s Second Chance Law

Posted on September 17, 2018 by admin

If you have been meaning to get around to petitioning for criminal record expungement or sealing, you still haven’t missed your opportunity! Indiana’s Second Chance Law is still active and anyone who qualifies is encouraged to take advantage of this judicial leniency by starting your petition right now. Just remember, this law is not a popular among officials and can be repealed any day now.

Continue reading to learn how to get started on your criminal record expungement or record sealing petition!

Criminal Record Expungement Attorney 317-636-7514

Here is a quick guide to starting the criminal record expungement process in Indiana:

➀ Recall all previous arrests and/or convictions and their dates.

➁ Gather all related legal paperwork for each arrest and/or conviction.

➂ Call a criminal record expungement attorney.

➃ Schedule a free initial consultation to assess your eligibility for expungement.

➄ Retain the services of a licensed Indiana criminal record expungement lawyer.

➅ Follow all instructions and counsel recommended by your attorney.

Get Started Before it’s Too Late

It is highly recommended to consult a lawyer about applying for criminal record expungement before it is too late and the opportunity is gone. You may only apply for criminal expungement once in a lifetime, and one mistake can stop s person from qualifying; which is why you need a lawyer. They know how to implement the legal process of applying for record restrictions and can do so without making any mistakes or errors.

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.

Things an Employer Cannot Ask You

Posted on June 18, 2018 by admin

If you are applying for a job, there are several types of information an employer can legally ask you to disclose. In contrast, there are also several questions they cannot ask you. Continue reading to learn what a potential employer cannot ask you on a job application nor in an interview.

Criminal Record Expungement Attorney 317-636-7514

When you are looking for a new job, you can expect a potential employer to ask you questions. In fact, they are sure to ask about all kinds of information pertaining to your vocational and educational history, including references, criminal records, and even credit reports. Employers are also perfectly within their legal right to ask applicants about their job skills, and can even have them take certain tests to assess their job aptitude.

What They CANNOT Ask About

Although employers can ask a lot of questions about you, there are some topics that are off limits; primarily, those that discriminate. Below are a list of topics that are considered discriminatory. The exception to this rule is legality. If there is a legal reason that justifies asking a particular question, then it is permitted. Otherwise, you can politely pass on answering it on a job application or in an interview.

☓ Age
☓ Color
☓ National Origin
☓ Race/Ethnicity
☓ Religion/Creed
☓ Sex/Gender
☓ Sexual Orientation
☓ Gender Identity
☓ Marital Status
☓ Disabilities
☓ Pregnancy
☓ Public/Governmental Benefits

Criminal Records and Expungement

Since employers are allowed to inquire about an applicant’s criminal history, many people with criminal records are reluctant or hesitant to apply for a job. Certain types of criminal records can hold applicants back from getting professional licenses, promotions, or even entry level positions paid by the hour. This can affect a person for the rest of their life, and hold them back from a world of vocational opportunities.

Fortunately, some may quality for criminal record expungement or sealing, which can greatly improve a person’s employment potential. A person may quality to either expunge or seal their records. The difference between the two are complex, so it is important to discuss your eligibility with a licensed Indianapolis expungement lawyer who is well-versed in the Indiana expungement laws.

Furthermore, the petition process is rigorous, and requires astute implementation that only a lawyer can provide. You only get to petition for expungement one time in your life, and just one mistake on your application can take it all back in an instant. You need a licensed attorney to ensure your petition is implemented without a hitch.

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.

Qualified Individuals Should Expunge Indiana Criminal Records Right Now!

Posted on April 20, 2018 by admin

Criminal Record Expungement Attorney 317-636-7514

Currently, in Indiana, you can expunge criminal offenses from your personal records. If you have been convicted of a crime, or arrested for a crime, you may be eligible to have those records removed for good! Drunk driving, public intoxication, petty arrests, driving violations, and additional misdemeanor charges, can all be concealed from potential employers, public records, home leasing contracts, and more.

Although a person can now expunge criminal records in Indiana, it is vital to retain the services of an experienced criminal defense attorney who can assist with all the convoluted and strict filing procedures and deadlines. This is because you can only file for criminal expungement once in a lifetime, and just one simple mistake can cause your petition to get denied. Furthermore, there is no telling how long this law will be in effect, so it is important to take advantage of this opportunity now, before it is no longer available.

Adult Criminal Record Expungement Services You Can Trust

Our law firm is well-versed in the Indiana criminal record expungement laws. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process you can afford. Our law firm has more than 25 years of experience practicing criminal defense law in Indiana.

We are passionate about helping clients obtain a fresh start to life, so they may engage in opportunities their criminal records or convictions have held them back from in the past. Whether convicted of a misdemeanor of felony offense, our seasoned and skilled criminal defense lawyers have the knowledge, determination, and experience to manage your criminal record expungement or record sealing submission process.

We Also Offer Juvenile Criminal Record Expungement Assistance

If you are 18 years or older, but have criminal convictions, arrests, or charges from when you were a minor, you may be able to have these records expunged in Indiana! When you have past arrests, misdemeanors, and low-grade felonies blocked from public access, you can feel more confident about interviewing for that dream job, or applying for a loan, and much more. There are infinite benefits to expunging criminal histories, and the first is peace of mind. Start by calling our Indiana Criminal Record Expungement office to learn about the prerequisites for criminal record expungement eligibility, the cost of attorney services, and any other inquiries you may have.

It is vital to understand that you only get one chance in your entire lifetime to apply and be approved for expungement in Indiana. That means if a person makes one tiny mistake, such as a simple clerical error, they lose their opportunity forever. The problem here is that mistakes are bound to happen since the paperwork filing process is very complex and extremely tedious. This is why you need our skilled lawyers who are well-versed in the Indiana expungement and record sealing laws to handle the entire process for you.

Don’t think you can afford it? Think again! Expunge Criminal Record Indiana offers criminal expungement services starting at a reasonable $850!

Criminal Record Expungement 317-636-7514

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. Call 317-636-7514 to schedule an appointment, today.

What is the Expungement Process for a Criminal Charge?

Posted on May 11, 2016 by admin

Whether just an arrest or an actual conviction, a criminal charge can have adverse, on-going effects for minors and adults alike. These difficult, downward consequences can diminish a person’s quality of life in many ways, both personally and professionally. A delinquent criminal record can make it almost impossible to get approved for rental housing, home and business loans, and promotions or job opportunities.

Even if a person is hard-working, trustworthy, and ambitious, they can be held back from their true potential, personally and professionally, with a criminal record. Fortunately, many states have adopted new laws surrounding criminal record expungement, which allows certain individuals to seal or destroy their arrest and criminal records. This gives them back the opportunity to have a home, job, and reputation they can be proud of. Continue reading to learn the process for expunging a criminal charge, and how to get started as soon as today.

Expunging a Criminal Charge

There are three phases to the criminal charge expungement process: 1) Hiring a lawyer, 2) Filing a petition, and 3) Judicial review. The initial, and most important, step is to hire a criminal defense lawyer who specializes in expungement services. You need the assistance of a licensed attorney because the procedures and requirements for filing a motion for expungement are highly complex. Just one mistake, whether a misspelled name or missing document, can cost a person their only chance to apply for criminal record expungement. This is because the law only allows a person to file once in their lifetime, no matter what the circumstances. A qualified criminal defense lawyer can navigate this process for you to ensure everything is done correctly.

The second phase to the criminal expungement process is to file a petition in the county, or counties, where your convictions and arrests took place. If you have multiple arrests or convictions, they can be filed as one petition so long as they are completed within a one year window. This phase should be handled by your legal representative, during which they will file the necessary petitions and provide the necessary documentation in each county of your arrests and convictions, all in due time. During this phase, you will be required to pay a court filing fee for a petition for expungement, which generally costs between $140 and $170 in most Indiana courts. It is possible for this fee to be waived in some cases. If you are petitioning to expunge an arrest that never led to a conviction, there is no filing fee.

The third phase of the criminal expungement process is the judicial review stage. This is when the courts will either grant or deny a person’s petition for expungement. If denied, either from court discretion or procedural errors, you must wait three years before filing again, and cannot file for the same criminal convictions as before. If granted expungement, all previously-lost civil rights and privileges are restored. A person can legally state that they were never convicted of such crime on job applications, mortgage loans, tenant applications, and more.

Criminal Expungement Services

Call 317-636-7514 for criminal record expungement services in Indianapolis, Indiana. We are well-versed in Indiana’s Second Chance Law, and can help you seal or expunge criminal records in all Indiana counties. Our services are economically-priced, and start as low as $850! Call 317-636-7514 to schedule a no-risk consultation for criminal record expungement in Indianapolis, IN today.