Difference Between Criminal Pardons and Expungements

Posted on May 11, 2021 by admin

Laws are passed every day in states all across the country. But, if you are a past offender, or someone who has an arrest on their permanent record, Indiana’s Second Chance law is something you should pay closer attention to. One of the most common misunderstandings about criminal record expungement is what it actually does for a person. Many make the mistake of assuming that expunging a criminal record is the same as being granted a pardon. Unfortunately, they are not the same thing.

Continue reading to learn what a criminal pardon is, and how it differs from the criminal record expungement process.

Indiana Criminal Record Expungement Legal Services 317-636-7514

What is a Criminal Pardon?

A criminal pardon is totally different from criminal record expungement. However, it is no surprise that many people confuse the two, as they have many similarities. Regardless of their parallels, they are different types of laws and legal principles. A legal pardon is the government’s way of forgiving a person for their crime or crimes. Depending on the state, if an individual has an offense pardoned by the government, it will most likely still show up on public databases, like standard background checks, but it will also reveal that the individual was pardoned for the incident.

What is Criminal Record Expungement?

In dissimilarity to being pardoned for a crime, criminal record expungement does not “excuse” or “forgive” an individual for the crimes they’ve committed. Instead, the crimes are treated as though they 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, professional licenses, and more.

After expunging criminal records, a person can legally deny any past arrests or charges to employers, landlords, and more. But there are certain limitations too, and for those who wish to conceal their arrest records, it is in their best interest to learn these restrictions ahead of time by talking to a licensed criminal defense lawyer who specializes in expungement.

How to Expunge Criminal Records

Filing for expungement on your own is never advised because the process is very complicated and confusing for someone unfamiliar with state laws and procedures. On top of all the documents and papers that require proper filing, people filing can expect many more pitfalls and deadlines. In fact, one of the rules to expunging a criminal record is that a person can only file ONCE IN A LIFETIME.

If a spelling error or similar minor mistake is made during the filing process, it could revoke your chance to expunge your criminal record, forever. For this reason, you need a licensed criminal defense lawyer who is well-versed and experienced with the new expungement laws to help you with every aspect of filing, paperwork, deadlines, and more, and ensure your petition is managed correctly.

Are you ready to take advantage of Indiana’s Second Chance Law this year? Contact our esteemed lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Fees start as low as $850 and consultations are free.

You Might Also Read:

Who Can Grant Criminal Pardons in the United States?
Can Guilty Pleas Be Appealed?
When Should I Apply for Criminal Record Expungement?

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

How Many Offenses Can I Expunge on My Criminal Record?

Posted on March 30, 2021 by admin

Since you can only file for criminal record expungement once in your lifetime, it is vital to make the most of it, and to do it correctly. Even the smallest misspelled word or clerical error can get your application for expungement denied, forever. Fortunately, a criminal lawyer can prevent that from happening to you. Are you worried about choosing among the various arrests and convictions on your record? You probably don’t have to.

Most states allow petitioners to expunge more than one record. How many? Continue reading to find out, and to learn how to get started on your criminal record expungement petition today.

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Expungement Laws Vary Among States

Every state has their own separate set of laws surrounding the requirements and limitations of criminal record expungement. Your eligibility, even your potential, for sealing or expunging criminal records depends on the state your criminal records originate. It is important to understand the basics surrounding the laws of record expungement in your particular state and county first, and then discuss your eligibility and petition options with a licensed criminal defense attorney.

Indiana Criminal Record Expungement

Indiana has two laws that govern the process of concealing or erasing criminal records. One may petition for either expungement or restricted access, depending on their eligibility. And the prerequisites for eligibility differ between the two options.

If a person was never actually arrested or charged with a crime, or they were never arrested but charged with a crime, but the charges were later dropped due to mistaken identity, actual innocence, or lack of probable cause to believe they committed a crime, they may be eligible to have their record entirely erased from their criminal history, which falls under expungement.

On the other hand, if a person were arrested, but the charges were later dropped, or they were later acquitted of all charges, they could qualify to have their records sealed from the public, which is different from expungement since the record still remains. Its access is simply restricted from the general public, including employers, landlords, banks, and more.

What You Should Know About Expunging More Than One Record

If you do live in a state that allows record sealing, and you qualify for criminal record expungement, you may be able to expunge more than one record, so long as the petition is filed in every county, for every record, within a 12 month time span. Although separate petitions, this would qualify as one single petition. This rule varies among counties and states. So, be sure to hire a licensed criminal defense attorney who is well-versed in your state’s expungement laws. They can help you navigate and file your petition accurately.

Are you an Indiana resident who is ready to clear up your 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.

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Where to Get Legal Assistance With Expungement in Indiana

Posted on December 18, 2020 by admin

Criminal records simply hold you back in life. But have you heard? Indiana has passed new laws allowing people with criminal or arrest records to conceal these records from the general public. Make the right choice and choose our seasoned criminal defense law firm for criminal record expungement filing assistance in Indiana. Why? Well for starters, our rates start as low as $850!

Continue below to learn more reasons to choose us for criminal record expungement legal service in Indiana.

Your Answer to Affordable and Qualified Criminal Record Expungement Legal Help in Indiana.

Act Now. You Might Be Running Out of Time!

Currently in Indiana, for those who qualify, public court and arrest records can be sealed and inaccessible from the general public. This Indiana Second Change Law opens up several doors for people with criminal histories, arrests, and legal violations. This law will not last long, as there are many lobbyist parties against it, so act fast and get your petition started right away!

Get Qualified Expungement Assistance in Indiana

Our esteemed criminal defense law firm can help you take advantage of this new law, as we provide criminal record expungement services for all residents in Indianapolis, Indiana. We are well-versed and experienced in the current Indiana expungement laws, and provides professional representation for anyone who qualifies. You must learn if you qualify by speaking with one of our licensed defense attorneys who has comprehensive knowledge of all criminal record expungement and record sealing eligibility requirements. Here at our Indiana criminal defense law firm, we are the expungement law experts to count on for progress and results!

Sealed Records are the Key to a Better Future

A sealed record cannot be accessed by potential employers, landlords, banks, insurance companies, nosy neighbors, and the rest of the general public. This allows opportunities for new jobs, residences, traveling privileges, peace of mind, and much more. Rates start as low as $850, and increase with the degree of criminal history. Felonies, misdemeanors, arrests, violations, detentions, traffic tickets, and more are all sealed from public access.

Trust our experienced criminal defense attorneys for professional criminal record expungement representation in Indiana. Rates start as low as $850!

Our seasoned expungement attorneys are especially well-versed in the new Indiana criminal record expungement laws and procedures. This means past arrests, charges, and convictions will not show up on public databases, employee background checks, loan application authorizations, and more!

But Wait! You Need a Lawyer to File!

The New Indiana Second Chance Laws come with several stipulations, prerequisites, and strict procedure guidelines, which is why you should always hire a proficient lawyer to assist you in the process. Just one little filing or application mistake can cost you your one-in-a-lifetime opportunity to expunge your criminal records for good. These laws are not permanent just yet, and may go away at any time, so act fast and see if you qualify!

Learn More About Qualifying for Indiana Record Expungement

Call our Indianapolis criminal defense law firm at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Take advantage of this opportunity and get your criminal record expunged this year!

Can Guilty Pleas Be Appealed?

Posted on March 3, 2020 by admin

From tattoos and vacation destinations, to job relocations, divorce settlements, and more, sometimes we have instant regret after making a huge life altering decision. And like the rest of us, many defendants in criminal court are no stranger to this feeling. That is why defendants often wonder if they can take back their plea and plea differently. Unfortunately, the law doesn’t accommodate such requests. Continue reading to learn why.

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Approved Appeals

After a person is found guilty of a crime they were charged with, they do not have to agree with the judge or jury’s findings. Defendants are given the right to appeal a verdict and ask for a new trial in appellate court. This procedural right is denoted in the United States Constitution, Article 7, Section 6. For this purpose, they often hire a criminal defense attorney who is a certified, court-recognized criminal appellate lawyer. These are lawyers who are certified through their state bar organizations and specialize in appealing convictions.

Rejected Appeals

As a defendant in criminal court, you have the right to file for an appeal to overturn the conviction, or certain perimeters of the conviction. However, if you have already agreed to and entered a guilty plea, whether you went to trial or not, there is no chance at appealing your verdict. This also applies to no contest or nolo contendere pleas. However, in place of an appeal, you could enter a “motion to withdraw” your plea, which simply means you have changed your mind and wish to plea differently.

Filing an appeal and withdrawing a plea are two different processes. The laws and regulations for withdrawing plea deals vary greatly from jurisdiction to jurisdiction. It also differs between state and federal levels, as federal court has its own unique appeals process compared to state-level ones. In some states, limited indirect appeals are permitted, and can be pursued without withdrawing a plea; a processed referred to as “filing a writ of habeas corpus.” And this process is very similar to the appeals process. Because of these variations, it is important to check with your criminal defense attorney to learn your state’s particular laws about such procedures.

How to Clean Up Your Criminal Records in Indiana

A new law regarding criminal record expungement has recently been passed in Indiana, which means qualified individuals can have their criminal records concealed from public access. The new law is also known as the Indiana Second Chance Law, and it involves a complicated petitioning process. For this reason, it is necessary to hire a criminal lawyer who it well-versed in the new laws to help you with your petition.

Indianapolis Criminal Record Expungement Lawyer

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!

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

Posted on January 15, 2020 by admin

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

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Indiana Criminal Record Expungement

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

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

Record Expungement v. Record Sealing

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

If a person was arrested and found guilty, or pleaded guilty, to a charge, then they can only apply to seal their criminal records. This means these records will not be physically destroyed and will still be accessible by the police, federal government, FBI, immigration, and all other public officials. However, when criminal records are sealed, they are no longer visible on public background check databases or accessible by employers, landlords, and other general public.

A person can only expunge arrest records that never ended in a conviction. This means arrests that were later dropped, acquitted, or dismissed can be completely expunged from physical and online databases. Although government officials and police can still access these records, just as they can sealed records, the general public cannot ever see them, and a person can legally claim to never have been arrested. See our blog, “FAQs About Sealing and Expunging Criminal Records” to learn more about the difference between the two.

It’s a Once in a Lifetime Opportunity

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

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

How to Get Started on Your Petition

Call 317-636-7514 to learn your eligibility for criminal record expungement in Indiana. We are eager to help you get the fresh start in life that you deserve! Our services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a consultation, today.

Can I Apply for Expungement With a Pending Criminal Charge?

Posted on October 31, 2019 by admin

When it comes to criminal record expungement, there are several rules, restrictions, and limitations involved in the process, from the initial petitioning stage, to final judgement. This means that not all applicants are eligible. For most, there are long waiting periods before becoming eligible for criminal record expungement for record sealing. And for those with pending criminal charges, the wait will be even longer.

Continue reading to learn what you need to know about expungement eligibility in Indiana, and how long you might have to wait before you qualify.

Pending Criminal Charges

If a person has current criminal charges pending, they are not eligible to expunge their criminal records. Once the charges are dealt with accordingly, and are no longer pending, and the individual is no longer on probation, they can then apply for criminal record expungement. This, however, does not mean they will be eligible. There are several prerequisites and requirements for eligibility. Factors such as time, the type of offense, the state, and more, all influence a person’s chances of being approved for record expungement.

Possible Timelines for Indiana Expungement

You must wait for a certain amount of time from the date of arrest before being eligible to petition for criminal record expungement. The amount of time you must wait largely depends on your criminal history and the convictions you have. They are as follows:

⌛ Dismissed Cases = 1 Year
⌛ Cases w/No Conviction = 1 Year
⌛ Misdemeanor Convictions = 5 Years
⌛ Level D Felony Convictions = 8 Years
⌛ Other Felony Convictions = 8 Years, or 3 Years from sentencing completion date – whichever comes later.
⌛ Serious Felony Convictions = 10 Years, or 5 Years from sentencing completion date – whichever comes later.

If You Don’t Qualify for Expungement

If you do not meet the eligibility requirements for criminal record expungement, you may still qualify for record sealing or “shielding.” Your licensed criminal defense lawyer can make this determination for you, but the primary differences between expungement and sealing is who can access the records and who cannot. See our blog, “What is the Difference Between Expunging and Sealing a Criminal Record?” to learn more.

Determining Your Eligibility Status

The eligibility requirements for sealing and expunging arrest records are quite complex. Furthermore, the process that is required of a petitioner is complicated, and revolves around a stringent schedule that’s difficult to follow. For this reason, it is important to review the criminal expungement laws and procedures before you begin on your petition. Consult with a licensed criminal defense lawyer for information about record expungement and sealing in Indiana.

How to Get Started on Your Petition

Call 317-636-7514 if you would like to petition for restricted access or criminal record expungement in Indianapolis. We are happily provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! We are eager to help you reform your criminal record so that you can have the quality of life you and your loved ones deserve.

What is the Current Status of the Indiana Expungement Law?

Posted on July 30, 2019 by admin

If you are still waiting to be eligible for criminal record expungement, you may be concerned that the status is going to change any time. The truth is, you are correct to be concerned about this, as this new law has been quite unpopular among several lobbyist parties and interest groups. For this reason, the Indiana Second Chance laws might not always be around. But as for now, they are still active, and you still have an opportunity to take advantage of criminal record expungement, so long as you qualify.

Continue reading to learn some basics about criminal record expungement, including how to qualify and where to get started on your petition.

Criminal Record Expungement

If you have past arrest records or criminal charges on your criminal history, the Indiana Second Chance Laws are something you should be very interested in; especially if you want to improve your vocational status, obtain professional licensing, rent housing, or pursue education. However, you must meet specific criteria in order to qualify for expungement.

For those who do not qualify for criminal record expungement, another option called record sealing may be a possibility. See our blog, “What is the Difference Between Expunging and Sealing a Criminal Record?” to learn more about both options, and how to get started on determining your eligibility for the Indiana Second Chance laws.

The Challenges of Expungement

The process of qualifying and petitioning for criminal record expungement is highly complex. It is not recommended to do it on your own unless you have a keen understanding of criminal law and the Indiana judicial system. Furthermore, petitioners are only allowed to apply once in their lifetime, and a simple spelling error or missed deadline can revoke your petition forever.

To avoid problems with a criminal record expungement petition, you must hire a licensed Indiana criminal defense law firm that specializes in criminal record expungement and record sealing assistance. They have the knowledge and resources to confirm your eligibility and implement all the filing, correctly.

How to Get Started

Call The Law Office of David E. Lewis at 317-636-7514 if you would like to petition for restricted access or criminal record expungement in Indianapolis. We are happily provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! We are eager to help you reform your criminal record so that you can have the quality of life you and your loved ones deserve. Call 317-636-7514 to schedule an appointment, today.

Criminal Record Expungement Attorney 317-636-7514

Frequently Asked Questions About State and Federal Law

Posted on May 31, 2019 by admin

The two primary types of courts in the United States are federal and state courts. There are several key dissimilarities between these two court systems, and a few similarities too. Continue reading to learn some fundamental information about state and federal offenses, including the primary differences between state and federal court, types of federal crimes, the importance of federal criminal defense, and more.

Criminal Record Expungement Lawyer 317-636-7514

How Do Federal and State Court Differ?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

What is are Federal and State Crimes?

Federal crimes are more serious than state crimes, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Each level of felony is assigned a separate statute regarding penalization.

State crimes are those that break laws set by and enforced by the state. They are referred to as “misdemeanors”, which are lesser offenses compared to felonies, but still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors.

What are Some Common Federal Offenses?

Federal offenses are very serious. Some common examples include arson, bank fraud, healthcare fraud, mail fraud, car theft, identify theft, carjacking, kidnapping, civil rights offenses, drug trafficking, drug dealing, armed robbery, firearms offenses, assault and battery, sexual assault, child molestation, hate crimes, homicide, and murder.

Can I Remove State and Federal Crimes From My Criminal Record?

How to Get Started With Criminal Record Expungement

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.

Remove Criminal Charges and Arrests From Your Personal Record in Indiana

Posted on May 24, 2019 by admin

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! Drunken driving charges, public intoxication arrests, driving violations, and more can all be hidden from potential employers, public records, home leasing contracts, and more.

Start By Hiring a Qualified Lawyer

Although a person can now expunge criminal records in Indiana, it is highly encouraged (arguably mandatory) to hire a lawyer for accurate assistance. Since you can only file for criminal expungement once in a lifetime, it is important to file your petition with 100% precision and correctness. Even a minor spelling error can jeopardize the outcome of your expungement approval.

Act Fast While There’s Still Time

In addition to precision petitioning, you must act fast before the new law is no longer in affect. Many interest groups were against this law being passed in the first place, so it could be repealed at any time. This possibility makes this law a once in a lifetime chance to clear your criminal history and get better job and housing opportunities for your family. Take action fast before this law goes away. It is a very unpopular law and can be repealed any day now.

Contact Expunge Criminal Record Indiana to get started on your petition as soon as today. We are highly experienced and licensed criminal defense attorneys who have a special practice dedicated solely to Indiana criminal record expungement clients and cases. Since before the new law was passed, our criminal defense attorneys have been fervently studying the new Indiana Second Chance law. We are the criminal defense lawyers to trust when it comes to expunging your criminal records the right way.

If You Don’t Qualify for Expungement

Think you can’t afford it? YOU ABSOLUTELY CAN!

We offer criminal expungement services starting as low as $850! Furthermore, we offer free initial consultations so that you may discuss your case without any out-of-pocket obligations. Call 317-636-7514 if you would like to petition for restricted access or criminal record expungement in Indianapolis. 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.

Groups of Individuals Who May Be Eligible for Indiana Expungement

Posted on March 29, 2019 by admin

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.

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

Criminal Record Expungement 317-636-7514