Tag Archives: criminal record expungement

How to Get Your Indiana Criminal Record Expunged

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Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514

Criminal charges come in all forms, but if yours meets certain criteria, you may be eligible to have it expunged from your permanent record. Right now, Indiana has two sets of laws surrounding a person’s right to improve their criminal record. Depending on several factors, a person may be eligible to either expunge or seal pieces of their criminal record. Expungement refers to complete erasure, while sealing refers to restricted public access. Eligibility is heavily influenced by time passed, severity of criminal charges, the circumstances surrounding a person’s arrest and conviction, and much more. For these reasons and more, 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. You can only petition for expungement or sealing one time, so it is vital to do it correctly. Having a lawyer will ensure the accuracy of your petition.

Continue reading to learn where to determine your eligibility and how to get your Indiana criminal record expunged if you qualify.

Criminal Record Expungement

Indiana Code § 35-38-5-1

To qualify for expungement, you must meet certain strict criteria. These include but are not limited to:

❋ A specific amount of time has passed since the initial date of arrest or indictment;

❋ You were never actually charged with the crime;

❋ Your charges were later dropped as a result of 1) mistaken identity, 2) no crime was actually committed, or 3) there was no probable cause to believe you committed a crime;

❋ You have no pending criminal charges;

❋ Your offense was not a sex crime;

❋ Your offense did not result in serious bodily injury or death;

Note: If your conviction was later reversed and your case dismissed, you may be eligible to have your DNA profile expunged from the state DNA database. IC § 10-13-6-18

Getting Started

If you believe you may qualify to have your criminal record expunged or sealed, contact a licensed Indianapolis criminal defense lawyer to determine your eligibility. Choose an attorney who is experienced and well-versed in the new Indiana expungement laws. Choose David E. Lewis, Attorney at Law.

Indianapolis Criminal Defense Law Firm

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 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.

Discussing Indiana’s Second Chance Law

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The laws surrounding criminal record expungement in Indiana have recently changed. These changes took place on July 1, 2015, and renamed “The Second Chance Law” (I.C. 53-38-9). Before these revisions, anyone who was arrested or charged with a crime had to live with a permanent criminal record for the rest of their lives. But now, a person can have their criminal records expunged if they qualify.

But filing for criminal record expungement is not an easy task. The process is complex and tedious, varies from state to state, and requires a long list of perquisites in order to even qualify. This is why you need a criminal defense lawyer. They will be able to tell you whether or not you are eligible, and for assist you with the filing process. Just one mistake or written error will get your application denied, and you can only file for expungement once in your life. A lawyer will ensure that mistakes don’t happen.

Criminal Record Expungement

In order to qualify for criminal record expungement, a pre-set amount of time must pass since the charges were incurred. But more importantly, a record can only be expunged if:

1. The charges were later dropped because a judge determined no crime was committed;
2. The charges were later dropped because there was no probable cause;
3. The arrest never lead to criminal charges.

Additional Factors

Other factors that influence your eligibility for expungement includes their past criminal record, whether or not they complete and obeyed all court orders, and the amount of time since your last arrest. It is highly unlikely to get a major felony or violent crime expunged from your record, such as arson, sex offenses, carjacking, and more. There are several qualifications and requirements needed to apply for criminal record expungement, so it is important to learn these limits from a trusted and experienced criminal defense attorney.

Indianapolis Expungement Lawyers

Call 317-636-7514 to schedule a free initial consultation with an experienced and knowledgeable criminal record expungement attorney, today. Our law firm works hard to ensure all arrangements and procedures are implemented with utmost exactitude and care. If you have questions about Indiana expungement laws and procedures, we are happy to answer them free of charge! Call 317-636-7514 to speak with Indianapolis expungement lawyers you can trust.

Do You Have an Inaccurate Criminal Record?

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If someone were to run a background check on you, do you know what would show up? Sometimes, a person can get in trouble with the law, but never actually do time or receive a conviction. In these cases, an arrest that led to no conviction might make a person feel like their criminal record is not accurate, nor a representation of themselves.

For instance, if Ned was arrested and charged with rape, but then later the accuser admits she was lying, he would not be convicted. However, the record of being arrested and charged with rape will linger on his personal record forever even though he was found not guilty.

In another example, a person can commit a crime using a stolen identity, leading to the arrest of the wrong person later on. The falsely-arrested person, although entirely innocent, will have to live with the arrest and charges on their criminal record forever. If this is something that sounds familiar, you might want to think about your options in terms of fixing your criminal record.

Expunging Incorrect Criminal Records

In order to fix incorrect criminal records, a person must qualify, file, and be granted criminal record expungement. But in order for someone to qualify, one of five scenarios must be true:

☑ The arrest never led to criminal charges.
☑ The arrest never led to a conviction.
☑ The criminal charges were dropped as a result of mistaken identity.
☑ The criminal charges were dropped because no crime was committed.
☑ The criminal charges were later dropped a judge found no probable cause.

If you can answer yes to any of the above-listed scenarios, you will likely be granted expungement. That is, if you don’t have any pending criminal charges against you, and your record doesn’t have any other arrests or infractions other than minor traffic offenses. However, applicants can only petition for criminal record expungement one time in their lifetime. And just one simple mistaken, even a procedural mistake or spelling error, can get your petition denied. For this reason, it is important to hire a criminal defense lawyer to help you correct your criminal record.

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.

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.

When Can I Expunge My DUI Charge?

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A drunk driving charge on your criminal record can be detrimental in many ways. It can hold you back from being approved for certain types of licenses, like commercial drivers’ licenses and forklift certifications. It can also prevent you from being a possible candidate for a competitive job position or promotion. And for felony DUI cases, it can prevent you from being employed entirely. For these reason and many more, expunging or sealing a DUI conviction on your criminal records is in your best interest.

Unfortunately, not everyone will qualify for criminal record expungement, as there are various perquisites, limitations, and conditions. So it is important to discuss your eligibility with an experienced lawyer who is well-versed in your state’s expungement laws and procedures. It is also important to file your expungement applications perfectly, because one simple filing error (like a misspelled name) will get your application denied; and you can only apply for criminal expungement ONCE in your life.

An experienced criminal attorney can facilitate the application and filing process for you in order to avoid mistakes and increase your chances of being approved. They will navigate your case accurately to ensure you have done everything right on your part. Continue reading to learn some facts about DUI expungement and who to trust for proficient legal representation when the time comes to apply yourself.

DUI Expungement

When a person is arrested for driving under the influence, they are often convicted of a “DUI”, also known as an OWI (operated while intoxicated), and DWI (driving while intoxicated). The acronym used largely depends on the state and county, but it is wise to know they all mean the exact same thing. A DUI charge doesn’t always pertain to “drunk” driving either, since a person can be intoxicated by other substances, like narcotic medication and illicit drugs. Whether your DUI was a result of alcohol or drugs, the terms of criminal record expungement are the same. On the other hand, the severity of the crime and your personal criminal history will determine the amount of time that needs to pass before you are eligible to apply for expungement.

For instance, if you were convicted of a misdemeanor in Indiana (or Level 6 felony reduced to a misdemeanor), you have to wait at least 5 years from the date of conviction, among a list of other conditions. Other conditions include:

• No other criminal convictions in the past 5 years
• No current drivers’ license suspension
• No current, further, or pending criminal charges
• All sentencing requirements have been met
(i.e. probation, community service, fines, etc.)

If you were convicted of a Level 6 DUI felony, time lengths increase to 8 years while all other above-mentioned conditions remain the same.

If you were convicted of a more serious DUI felony than a LEVEL 6, the 8-year time line and conditions stay the same, however, a court may or may not approve the expungement.

Talk to a licensed criminal defense attorney that is well-versed and experienced with the Indiana criminal record expungement laws and procedures. They are the best resource for making sure your DUI record expungement filing and paperwork is carried out faultlessly, giving you a better chance of approval.

An Indianapolis Expungement Lawyer You Can Trust

Call 317-636-7514 for professional and affordable criminal record expungement services in Indianapolis. Don’t think you can afford to expunge DUI criminal records in Indiana? Think again! Our expungement legal services start as low as $850! Schedule a free initial consultation to discuss your criminal records, and determine your eligibility. Call 317-636-7514 to finally expunge DUI records in Indiana, today!

Can I Buy a Gun After Expunging a Felony Conviction?

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When a person is convicted of a felony crime, there are several consequences that go along with it, many of which disrupt or impact a person’s life forever. One of the many restrictions convicted felons must live with is the right to purchase a firearm. But now that recent laws have approved criminal record expungement, many people are taking advantage of sealing their past criminal convictions from public access, leading them to ask several questions about restoring their rights as well. A common inquiry among past felons filing for expungement involves the right to purchase and bear arms. Continue reading to learn more about expunging felony criminal records and how it influences a person’s right to purchase a gun.

Criminal Record Expungement vs Restricted Access

In Indiana, if a person was charged with a felony or misdemeanor, but never found guilty, then they are eligible for expungement. But if a person has any conviction on their criminal record, whether for a misdemeanor or felony offense, they are not eligible to have it expunged. However, they may qualify to have it placed under restricted access, which is sometimes referred to as record “sealing” rather than record expungement. To petition for a chance at sealing criminal records in Indiana, all of the following statements listed below must be true:

1. Offense was a Misdemeanor or Level 6 Felony
2. They Caused No Bodily Injury
3. No New Convictions Since the Conviction
4. It Has Been at Least 8 Years Since the Conviction
5. Offense was not Sexual nor Violent

Gun Rights

When a person is convicted of a felony offense, they immediately lose their right to purchase or bear firearms. And since Indiana only allows past convicts who qualify to seal and restrict their criminal records, rather than expunge them, they can never regain that privilege again. The only way a person’s right to purchase and bear firearms can be restored is if they were never convicted of a crime or their charges were later dropped or dismissed. All those with convictions on their criminal record cannot expunge their
convictions, therefore, they cannot have their
right to firearms reinstated in Indiana.

Indiana Expungement Lawyer

Call 317-636-7514 for help sealing and expunging criminal records in Indiana. Our rates start as low as $850, making our legal services affordable for everyone! Our comprehensive understanding of Indiana expungement law, coupled with our acute work ethic, makes us the perfect ally when petitioning the government. We will ensure you qualify before taking the time to file and process paperwork, and furthermore, ensure that all your filing and proceedings are accurately managed and carried out on time. Call 317-636-7514 to discuss your eligibility with a licensed Indiana criminal record expungement lawyer today!

Indiana Time Limits for Certain Expunctions

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Before the new expungement laws in Indiana, anyone convicted of a crime or arrested had to live with their brief mistake for the rest of their lives. To their dying day, an arrest or infraction would remain on their permanent criminal record. But those days are over for many. Now anyone who qualifies can seal or expunge criminal records in Indiana. It is strongly suggested to hire a defense attorney well-versed and experienced in criminal record expungement law and procedures. They can navigate your expunction request and properly file all the necessary paperwork on time.

One mistake in the expungement filing process can eliminate your chance to file every again. You only get one opportunity at filing for criminal record expungement, so be sure to trust a professional for accurate filing and delivery. There are several qualifications for record sealing and expungement, but the most important and commonly asked about is time limits. Continue reading to learn the Indiana time limits for criminal record expunction and record sealing.

Time Qualifications for Record 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
Serious Felony Convictions = 10 Years, or 5 Years from Sentencing Completion Date

Completed sentencing dates are the dates that a person was released from jail, parole, or probation (whichever is most recent), having completed all their court-ordered sentencing agreements. Keep in mind that sex offenses and murder/homicide are not eligible for expungement ever. Aside from time, other prerequisites include having no other infractions, arrests, or convictions since the last, all court costs and probation fees must be paid off, and more. Consult an expungement lawyer for details about these prerequisites and eligibility guidelines.

David E. Lewis – Indianapolis Expungement Lawyer

Call 317-636-7514 for criminal record expungement services starting as low as $850 in Indianapolis, Indiana. We are extensively well-versed in Indiana’s criminal expunction laws and has already helped numerous clients seal or expunge their criminal records. Call 317-636-7514 for a free case evaluation to assess your eligibility for criminal expungement in Indiana.

Do You Need a Criminal Record Expungement Lawyer?

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A criminal record expungement lawyer will save you a substantial amount of time, money, and frustration in the expunging process. But do you NEED one to file for expungement? The answer is no; however, it is the wisest choice for anyone who wishes to properly expunge their criminal records in the one opportunity the law gives them. One simple mistake or misspelled word can revoke a person’s right to expunge their criminal records forever. A licensed attorney can make sure that doesn’t happen, and all for a reasonable one-time fee. Continue reading to learn more about criminal record expungement attorney services and how they can help you.

Expunging or Sealing Criminal Records

A person has one opportunity to file for criminal record expungement. One filing misstep can cost them that chance. A licensed attorney that is well-versed in the new Indiana expungement laws can process all the necessary documents and paperwork needed to file for expungement. They can be sure you are informed, set, and ready for all mandatory court hearings, if any, and all other obligations involved in the process. With a lawyer, you can rest assure that the filing and application process is carried out perfectly so that you have the highest chance of having your records sealed from the public.

Generally, the cost of hiring an attorney to assist in expunging or sealing your criminal records is around $1,000, give or take. These prices go up depending on the extent of a person’s criminal history and the complexity of their case. Some lawyers may offer payment arrangements or financing plans, depending on the client’s credit history and other variables. No matter what the price, criminal record expungement is worth it tenfold.

Keep in mind that a public defender cannot offer service to assist in expungement applications and filing. You must either choose to file and apply yourself, or hire a licensed attorney for professional and organized assistance.

The Law Office of David E. Lewis

Call 317-636-7514 for criminal record expungement services in Indiana. We are licensed attorneys well-versed in the current Indiana expungement laws and guidelines. We can ensure that your application process is carried out faultlessly. Rates start as low as $850 so call today!

Call Our Law Firm For Affordable Criminal Record Expungement Services in Indianapolis!

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If you have an Indiana criminal history or arrest record, or both, you can now have those records sealed from public databases if you qualify. This can open doors for new employment opportunities, living arrangements, and an improved quality of life all-around. When you have your criminal records sealed from general public access, no longer can landlords, employers, or the general public access your personal history.

Licensed Attorney Services You Can Trust!

Since the expungement process is so complicated, it is strongly encouraged to hire a licensed attorney that is well-versed in the new Indiana criminal record expungement laws. For Indianapolis Hoosiers, those attorneys are right here at our law firm! Call us at 317-636-7514 for answers to your questions about expunging criminal records in Indiana.

Affordable Rates!

We offer proficient and secure criminal expungement services in Indianapolis, and can manage your journey to sealing your criminal history for good. Rates for record expungement services start as low as $850, depending on the extent of a person’s criminal records, convictions, and arrests.

Criminal Record Expungement

The application process to seal criminal records is very complicated, and just one error or missing document can lose your chances of expungement forever. We provide safe and secure services to expunge criminal records in Indiana, including arrests, misdemeanors, DUI’s, Class D felonies, and more! Call 317-636-7514 to learn if you qualify for Indiana criminal record expungement, today.

The Law Office of David E. Lewis

Call 317-636-7514 to start the criminal record expungement process in Indiana, today. We offer free initial consultations, and rates start as low as $850! Expunge arrest records, DUI’s, DWI’s, misdemeanors, Class D felonies, and more with the help of a licensed and experienced Indianapolis lawyer. Call 317-636-7514 and learn how to seal public records in Indiana, today!

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.