What Happens to My Criminal Record if the Prosecutor Didn’t File Charges?

Posted on January 31, 2019 by admin

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.

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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.

What is the Seven Year Rule for Arrest Records?

Posted on December 31, 2018 by admin

Continue reading to learn about the “Seven Year Rule”, and confirm where your arrest record stands.

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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

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.

Here’s a Fun Acronym to Help Clear Your Arrest Records!

Posted on December 15, 2017 by admin

A new law regarding criminal record expungement has recently been passed in Indiana. This means certain people now qualify to have their criminal records eliminated from public records. It is Indiana’s first comprehensive criminal record expungement law. This is a significant opportunity that will open numerous doors for anyone previously arrested, charged, or convicted of misdemeanor and felony infractions. Peace of mind, employment opportunities, housing options, loans, and a clean record are just a few examples of how the new expungement law can help people with criminal records. Below is a fun acronym that will help you learn, understand, and get started in the criminal record expungement process in your town!

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EXPUNGEMENT

E – Eligibility. You must learn your eligibility for criminal record expungement. Unfortunately, not everyone qualifies.

X – Xerox. After you expunge criminal records, it’s time to get your job application Xeroxed and ready because you will have more employment opportunities available to you!

P – Public Record. Your criminal history will be sealed or hidden from the public. People, employers, and banks will not have access to your past arrest records.

U – Undue Hardship. You will not have to face the undue hardship that comes with having a criminal record. Sealing or expunging your criminal history will make life easier.

N – New Indiana Law. The criminal record expungement law is relatively new still. It might not last forever. So be sure to take advantage of it while you still can!

G – Government. Governmental entities will be the only ones who can access your expunged or sealed criminal records. The rest of the general public will not have access at all.

E – Embarrassment. By sealing or expunging your criminal records, you no longer have to hold on to the shame of having a criminal past. It makes first dates much easier too!

M – Misdemeanors. Misdemeanor and felony arrest records can be sealed or expunged so long as they meet the prerequisites for eligibility.

E – Earn. You will earn the right to several privileges you did not have before. Student loans, mortgages, employment opportunities, promotions, housing, and more are just a few to name.

N – Negation. Once your criminal records are officially expunged or sealed, you can legally deny them on job applications and more. It is not lying!

T – Teens. Teenagers and minors have record expungement options too. Just be sure to talk with a seasoned Indianapolis criminal record expungement lawyer to learn everything you need to know.

Indianapolis Expungement Lawyer

Criminal Record Expungement 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn your eligibility for Indiana criminal record expungement and restricted access. Our criminal defense law firm offers free initial consultations to do just that! That means no out-of-pocket charges to see if you qualify! And rates start as low as $850 of those who do! Call 317-636-7514 to schedule your consultation for criminal record expungement, today.

FAQs About Indiana Criminal Record Expungement

Posted on October 31, 2017 by admin

Criminal record expungement is an understandably complex topic. Many people are just as confused as you are; so use these frequently asked questions and answers to help!

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Do you have a past criminal record in Indiana from years ago? Have you had questions about the new criminal record expungement laws and regulations? Fortunately, there are trustworthy sources of accurate information regarding your expungement concerns. The best route to take is speaking with a licensed criminal lawyer that specializes in criminal expungement services. It is important to choose an attorney that is well-versed in the new Indianapolis criminal expungement laws, since some are not. Continue reading to get some quick answers to some frequently asked questions about expunging criminal and arrest records in Indiana.

If I Don’t Know What’s On My Criminal Report, How Can I Find Out?

The best way to get a copy of your criminal history is to contact the local sheriff or clerk’s office in the county of your offense. They should be able to provide a records you need. If you have offenses in more than one county, it would be most efficient to have your expungement lawyer recover these documents for you. They have resources that make locating multiple crime records, easier.

What Do I Do If I Have Multiple Cases?

You will need to file a petition for expungement for each case in their separate counties. An experienced expungement lawyer will know how to efficiently and effectively do this for you. You can expunge multiple convictions at once, if you meet the eligibility requirements.

Am I Eligible?

There are several limitations and prerequisites you must meet in order to be an eligible candidate for expungement. For example, to be eligible to expunge arrest records, the arrest couldn’t have led to charges being filed against you, or the charges were later dropped as a result of mistaken identity. Basically, the court must find that there was either no crime committed, or not enough probable cause for the arrest. This is just one facet of the many stipulations involved with the expungement process.

How Does the Process Work?

Contact a trusted criminal defense attorney that specializes in expungement services, and they will navigate the entire process for you, in a safe and secure manner. You start by filing a petition, and several other forms and documents, and may even have to attend certain hearings.

Can I Be Denied?

Yes. The most common reasons to be denied include inaccuracies in court files, inaccuracies in applications, having additional pending charges, and not meeting the required waiting period. Talk to your lawyer about preventing these mistakes from happening. You only get one chance to file for expungement, so just one simple mistake can take that opportunity away forever.

Are the Benefits of an Expunged Record Worth the Effort?

If your arrest records are expunged, your fingerprints, mugshot, and all other documentation regarding the arrest and subsequent charges will be withheld from public access, including employers, loan officers, landlords, and more. Only law enforcement and government agencies will still retain these records. You can feel confident renting a home, applying for a loan, or going for that promotion, without fear of your criminal record holding you back.

Criminal Record Expungement in Indianapolis

Criminal Record Expungement 317-636-7514

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.

Am I Eligible For Criminal Record Expungement?

Posted on July 25, 2016 by admin

Every state observes the laws of criminal record expungement differently. So depending on where your arrest or charges took place, the eligibility requirements may vary. In Indiana, legislation supports the notion that anyone who has an arrest on their record that never resulted in criminal charges deserves an opportunity to clear their arrest from the system. This is called expunging a criminal record, and is legal under various stipulations in Indiana.

For starters, a person must qualify for criminal record expungement, and the eligibility requirements are strict and complex. Continue reading to learn the eligibility requirements for criminal record expungement in Indiana, and who to call to get started as soon as today!

Eligibility Requirements in Indiana

There are several requirements that must be met before a person can expunge an arrest from their record. But overall, in order for a person to qualify for criminal record expungement one of two scenarios must be true:

1. Their arrest must never have led to criminal charges;

2. Their charges were later dropped because: a) no crime was committed, b) mistaken identity, or c) no probable cause.

Here is an example:

Becky is a 16 year old high-school student who went to the mall to return a scarf she had bought the week before. She carried the scarf into the store in a shopping bag that was from another store. She didn’t go straight to the return counter because she saw some sales racks she wanted to look through first. The lady working the register approached her, and then found the scarf in her bag. Since Becky forgot her receipt, the lady assumed she had shoplifted the scarf, so she called the police. Becky was arrested on the spot and taken into custody. Later, the evidence showed she was in fact, not shoplifting, but simply forgot to bring her proof-of-purchase. In this scenario, Becky could have her shoplifting arrest expunged since charges were never filed against her. That way, the arrest will never show up on a background check.

In Indiana, criminal convictions cannot be expunged. Talk to a criminal record expungement attorney to see if you qualify.

File for Criminal Record Expungement

Call 317-636-7514 to file for criminal record expungement in Indiana. We are a seasoned criminal defense law firm that is well-versed in the laws and process surrounding Indiana criminal record expungement. We offer free initial consultations to determine your eligibility, so there is no out-of-pocket obligation to find out if you qualify! Call 317-636-7514 to get started, 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.

Employee Discrimination Has its Consequences for Employers

Posted on December 23, 2014 by admin

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.