Tag Archives: criminal record expungement Indiana

FAQs About Indiana Criminal Record Expungement

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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!

Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514


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

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?

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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;

OR

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?

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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

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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.