What is the Second Chance Act?

Posted on February 13, 2019 by admin

The Second Chance Act is something important to anyone with a past criminal record in Indiana. It is a new beginning for those whose lives are affected by a previous conviction. If you fit into one of these categories, this blog is for you.

Continue reading to learn facts about the Second Chance Act, including what it can do for you and how to get started on your new beginning.

Second Chance Act

The Second Chance Act is Indiana’s new criminal record expungement law. You can find details pertaining to this law by reviewing “Sealing and Expunging Conviction Records”, Indiana Code 35-38-9. Criminal record expungement allows those with past criminal records to block their criminal history from the general public. Although their records are not destroyed, they are hidden from common background checkers, such as landlords, loan officers, employers, private individuals, and similar parties.

Eligibility

In order to have your criminal records expunged, you must petition the state by filling out an application. The application process involves a series of petitions, paperwork, deadlines, and strict requirements. In fact, just one simple spelling error can jeopardize a petition’s approval, thus causing the applicant to lose their opportunity to expunge their criminal records forever. That is because a person can only apply for criminal record expungement ONCE in their lifetime; and if for some reason, a single line is skipped or a deadline is missed, the petition is instantly rejected.

For these reasons and more, it is standard practice to retain the services of a licensed and experienced Indianapolis criminal record expungement lawyer for help with the entire process, including determining your eligibility. In fact, before doing anything else, your first step is to contact an expungement attorney to have your eligibility evaluated. You see, not everyone qualifies for criminal record expungement; there are several detailed and complex prerequisites for being eligible.

Examples of primary eligibility requirements for the current Indiana Second Chance Act:

✏ Arrest Records

Section 1 of the Second Chance Act permits an arrest record to be expunged if a) the arrest did not result in a conviction, b) the arrest resulted in a convicted that was later vacated on appeal, as well as, a) the person is not currently involved in a pretrial diversion program.

✏ Misdemeanor Records

Misdemeanor charges, as well as, Class D felonies (crimes committed prior to July 1, 2014) and Level 6 felonies (crimes committed post June 30, 2014) that were reduced to a misdemeanor, can be expunged if a) 5 years have passed since the conviction date, b) the person has no pending criminal charges, c) the person paid all fines, fees, court costs, and any order restitution, in full, d) the person has not been convicted of any additional crime in the past 5 years.

✏ Felony Records (Non-Violent)

Class D and Level 6 felony charges can be expunged if a) 8 years have passed since the conviction date, b) the person has no pending criminal charges, c) the person paid all fines, fees, court costs, and any order restitution, in full, d) the person has not been convicted of any additional crime in the past 8 years. Under Chapter 35-38-9 of the Indiana Second Chance law, sex crimes and violent crimes are not eligible for expungement. Additionally, official misconduct, homicide, and human/sexual trafficking convictions cannot be expunged.

✏ Public Officials and Violent Felonies

Public officials and those with violent felonies may be expunged if a) 10 years have passed since the conviction date, b) the person has no pending criminal charges, c) the person paid all fines, fees, court costs, and any order restitution, in full, d) the person has not been convicted of any additional crime in the past 10 years, e) the state prosecutor approves the expungement in writing. Even if all of these requirements are met, the court still might deny expungement.

✏ Pretrial Diversion Records

The Second Chance Act permits records of pretrial diversion programs to be expunged since, upon completion, the state dismisses the charges and the record is the same as an arrest that didn’t result on a conviction.

Criminal Record Expungement Legal Assistance

Criminal Record Expungement 317-636-7514

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

How to Get a Certificate of Actual Innocence

Posted on November 15, 2017 by admin

In order to get a Certificate of Actual Innocence in Indiana, you must meet a strict set of criteria. If you do not qualify to receive a Certificate of Actual Innocence, you may still be eligible for other forms of record sealing, such as criminal record expungement. Continue reading to learn more about these rare certificates, and how to obtain one for yourself in Indiana.

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Innocent of a Crime?

A Certificate of Actual Innocence is the highest form of criminal record expungement, and just under a legal pardon. When a person is arrested and charged with a crime, and the charges are later dropped because it is found that the person was entirely innocent of the crime in question, they could qualify for a Certificate of Actual Innocence. Basically, it is a state issued notarized legal document acknowledging that a person should never have been arrested or charged with a crime because they were entirely innocent. This often happens as a result of mistaken identity or when a person is framed for a crime. Not only does a Certificate of Actual Innocence lawfully seal a conviction or arrest from a person’s criminal record, it affirms that the criminal mark should never have existed at all.

Those Who Do Not Qualify

If a person is arrested, charged, and found guilty of a crime, but then their conviction was later overturned, they would not qualify for a Certificate of Actual Innocence. Instead, they would be possible candidates for criminal record expungement. There are still various prerequisites that must be met in order to qualify for criminal record expungement. These often include the amount of time that has passed since the arrest or overturned conviction, the severity of the crime, past criminal activity, pending charges, and more. If you have questions about your eligibility for both criminal record expungement and a Certificate of Actual Innocence, talk to a licensed Indianapolis criminal record expungement lawyer for professional advice you can trust.

Indianapolis Criminal Record Expungement

Criminal Record Expungement 317-636-7514

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

What Does a Background Check Look For?

Posted on October 17, 2017 by admin

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With the increase of internet and social media popularity, the ability to peer closer into a person’s private life is becoming easier and more desirable. One common resource for doing so is called a background check. What was once exclusively used for law enforcement, credit lenders, and employers, is now easily available to the general public for a small fee. There are thousands of online portals that offer background scanning services, private investigation, and more. Anyone can go online and find a website that provides background checks for a one-time non-refundable payment. By simply typing in your credit card number and clicking a few buttons, you too can access anyone’s public records. But what do these background checks really check for? What is included in a person’s public record? Continue reading to find out!

Background Scans

In general, there are three primary categories that a background check will provide information about. These categories include employment history, credit history, and criminal history. Of course, some background checks can be more invasive, depending on the security clearance of the authorities performing the scan, as well as, how much a person is willing to pay for such information. This can include social services history, divorce records, address changes, and more.

Within the three primary categories of standard background checks, there are detailed pieces of information that can be exposed about a person. These details and information can be used against the person when interviewing for jobs, romantically dating, applying for loans, and more. Potential employers may run a background scan for the sake of assuring someone is trustworthy for certain job responsibilities and security clearances, while a woman might run a background check on a man she has been set up on a blind date with. Depending on what the scanner is looking for, the information can be used against or in favor of a person.

Employment History – Employment background scans will look for education records, previous employers, job resignations, job losses, job responsibilities, professional credentials, military records, and more. It will also look for workers’ compensation suits and settlements, state licensing records, professional references, personal references, and more.

Credit History – Scans will look for or expose credit scores, social security numbers, bank accounts, property ownership, assets, past credit loans, defaulted loans, repossessions, outstanding debt, bankruptcies, medical records, insurance records, biological children, dependents, and more.

Criminal History – Criminal background checks will look for driving records, arrest records, jail records, court records, drug test records, institutionalization records, sex offender registrations, warrants, and more.

Call 317-636-7514 for criminal record expungement legal services in Indianapolis, Indiana. Schedule a free consultation for new clients, today.

Understand the No Guarantee of Criminal Record Expungement

Posted on September 1, 2017 by admin

Although Indiana’s “Second Chance” Expungement Law is in Full-Affect, there are many who will not qualify. When you petition for criminal record expungement, there is no guarantee that your records will be expunged.

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Criminal record expungement is a long process. It is a process that takes more than filling out an application and waiting for approval. In fact, those who are interesting in verifying their eligibility and petitioning for criminal record expungement often hire a licensed criminal lawyer who specializes in the sealing and expungement petition process. Furthermore, there are very detailed requirements to qualify. Courts base their decisions to grant criminal record expungement to a past offender on several factors.

These factors can include, but are not limited to:

⇀ The severity of your crime;

⇀ The extent of your criminal history;

⇀ The length of time served for the offense;

⇀ The risk or threat you pose to the public;

⇀ The degree of rehabilitation you’ve taken after the offense;

⇀ The amount of restitution paid, both financially and morally;

⇀ Your current criminal standing;

⇀ Your employment and community involvement;

⇀ Recommendations of connected law enforcement, victims, witnesses, and other related or affected parties;

⇀ How you will benefit from having your record removed, and whether or not these benefits outweigh the disadvantage that would result from restricting your criminal history from public access.

Where to Go From Here

The limits to criminal record expungement and record sealing vary from case to case because of the numerous factors that influence a court’s decision in the matter. While some will qualify to expunge their arrest records, others will only qualify to have their records sealed or restricted. And many more won’t be eligible for either. The only way to truly find out whether or not you qualify is to consult a licensed Indianapolis criminal record expungement lawyer for an assessment.

Expungement – Indiana Code § 35-38-5-1
Restricted Access – Indiana Code § 35-38-5-5.5

Expunge Criminal Records in Indiana

Criminal Record Expungement 317-636-7514

Call 317-636-7514 to expunge criminal records in Indiana. We offer criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the new Indiana expungement laws, and know exactly how to file and obtain a legal expungement, successfully. Call our office at 317-636-7514 and schedule a free initial consultation to determine your eligibility, today.

Beware of Indiana Expungement Forms

Posted on June 13, 2017 by admin

Indiana expungement applications are full of down falls, which makes them very complex and difficult to fill out. This causes thousands of petitions to be denied every month.

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When expungement forms are not filled out and filed exactly in compliance with Indiana code, they are denied. Even a mistake as minor as a spelling error can cause a petition for expungement to be rejected by the state. For this reason, numerous applicants are having trouble with the filing process, and learning the hard way that you can only file for expungement once in your lifetime. One simple filing error can eliminate that opportunity for anyone, regardless of crime or conviction. Continue reading to learn how to ensure your expungement application is filled out and filed properly.

Hire a Criminal Defense Attorney

If you want to be like all the other individuals who have successfully filed for and granted expungement, you will need to hire a licensed criminal defense attorney who is well-versed and experienced with the Indiana expungement laws and regulations. Their services are affordable for everyone, so you can hire a lawyer in this field to help you fill out and file your expungement application. Not only can they help you fill out and file your petition for expungement, they can help you collect all the necessary documents and evidence you’ll need to be granted expungement. This includes restitution documentation, paid fines, court records, and more. They can also ensure that your application process is in accordance with all the filing rules and requirements, including meeting deadlines.

When a person wishes to expunge court and arrest records in more than one county, the filing process becomes even more convoluted and complex. This situation would most certainly require the assistance of a licensed and experience criminal defense lawyer. Don’t lose your chance at expunging your past criminal records because you want to save some money and file yourself. The risk is not worth the possibility of clearing or sealing your criminal record.

An Indianapolis Expungement Lawyer You Can Trust

Criminal Record Expungement 317-636-7514

Call 317-636-7514 for professional and affordable criminal record expungement services in Indianapolis. Don’t think you can afford to expunge 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 criminal records in Indiana, today!

How to Get Your Indiana Criminal Record Expunged

Posted on March 13, 2017 by admin

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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

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

Posted on November 8, 2016 by admin

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?

Posted on August 29, 2016 by admin

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?

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.

When Can I Expunge My DUI Charge?

Posted on April 21, 2016 by admin

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!