Tag Archives: criminal record expungement

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.

Can I Have a Felony Expunged from My Criminal Record?

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Having a felony on your record can feel much like having a kettle ball tied to your ankle for the remainder of your life. Fortunately, there are new state and federal laws passing in many states allowing past offenders the opportunity to conceal their arrest records from the general public. This is called criminal record expungement. Not everyone qualifies for criminal record expungement, as there are many stipulations and prerequisites. Eligibility depends on a number of variables, making no two cases alike. Arrests, violations, and misdemeanors can all be expunged, but felonies are trickier. Continue reading to learn more about criminal record expungement and who to call to see if you qualify in your city or state.

Felony Convictions and Expungement

If a person could conceal a felony conviction that has been haunting them for quite some time, they could change their lives. They could apply for loans, buy a home, rent an apartment, and apply for jobs they would never have qualified for in the past. Fortunately, with the new criminal record expungement laws, this can be a real-life option for some. What this means is, some candidates may be granted record expungement by a judge depending on the type of felony conviction and their criminal history. So yes, sometimes a felony can be expunged if a person qualifies.

Felony expungement works differently in every state because every state has different laws regarding rules and eligibility. In a case that a felony might be expunged, a person would only have one felony and the crime was something non-violent, and perhaps even an accident. For example, if you have a felony charge for receiving multiple DUI’s, and are now a recovering alcoholic, a judge might consider granting them expungement rights. But again, this is all very dependent on a person’s individual situation and their criminal history. If a past habitual offender wants to expunge a felony conviction, they might have a much harder time.

The best way to determine your eligibility for criminal record expungement, and your best chances at successfully doing so, is to consult a licensed attorney that provides these services. Lawyer fees generally start around $900, give or take, depending on the law firm and the complexity of a client’s case.

The Law Office of David E. Lewis

Call 317-636-7514 for accurate and reliable information regarding criminal record expungement in Indiana. Our seasoned attorneys are well-versed in the new Indiana criminal record expungement laws, and are eager to help get a fresh start to life! Our law firm offers expungement representation services for as low as $850! Get D felonies, arrests, DUI’s, and misdemeanors concealed for good in Indiana! Call 317-636-7514 and schedule a consultation to determine your eligibility for criminal record expungement in Indianapolis, IN today.

Criminal History Providers Forced to Make Changes for New Indiana Expungement Laws

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With the new Indiana expungement options in place, criminal history providers must make changes to the methods of revealing criminal accounts for anyone who has had their criminal records expunged. Criminal history providers are organizations and companies that allow businesses, employers, and general public to see any person’s criminal record and past convictions. These providers are also called background screening companies (CRA’s) and commercial database companies. They are popularly called background checks, criminal record checks, and criminal history look-ups.

Criminal archives show arrests, jail time, convictions, charges, and more. Now that Indiana has passed criminal record expungement laws, individuals who qualify can have their records sealed from public access. This means criminal history providers and background check services must limit the way they reveal a person’s public records in compliance with the expungement new laws.

Criminal Record Expungement

In order to qualify for criminal record expungement, a person must exhibit all prerequisites mandated by law. Depending on the amount of time that’s passed since the date of the conviction, current criminal mischief, the crime or conviction committed, and more, an individual may or may not qualify, or not qualify just yet. It is important to consult an Indianapolis criminal record expungement attorney to determine a person’s eligibility. You can only file to expunge your criminal records once in a lifetime. If even one tiny filing mistake is made or overlooked, it can cost you your investment into attorney fees and your opportunity to conceal your criminal records for good. A licensed attorney, well-versed in the new expungement laws, can accurately guide you through the process or implement the filing work for you to ensure accuracy.

Once a person’s criminal records are expunged, criminal history providers must prohibit revealing:

• Arrests w/o Convictions
• Infractions w/o Convictions
• Charges w/o Convictions
• Record or Proof of Expungement
• D-Felonies Converted to A-Misdemeanors
• Inaccurate Records

Criminal History Providers Must Also:

1. Complete an Annual Record Inspection to Make Sure All Records are Current and Updated, and All Information is Accurate and True

2. Annually Remove All Inaccurate and Incorrect Information in Records

3. Only Disclose Accurate and Precise Information Pertaining to a Conviction

Criminal Record Expungement Attorneys

Call 317-636-7514 for help with filing for criminal record expungement in Indiana. Get accurate advice and legal counsel for expunging criminal records in Indianapolis, IN. Costs start at only $850, and range depending on criminal history and convictions. Call 317-636-7514 to file for criminal record expungement in Indianapolis, Indiana.

Indiana Criminal Record Expungement Facts and Fiction

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There is a new law in Indiana that allows qualified individuals to conceal their past arrest and criminal records from the public, and it has many people talking. With all the facts and fiction being spread regarding this new law, it is important to distinguish what is actually true and which rumors are false. Continue reading for accurate answers to the most common criminal record expungement questions in Indiana, as well as, what you may hear but shouldn’t believe.

Criminal Record Expungement is the Legal Concealment of Past Convictions, Arrests, and Charges. TRUE!

Under the new Indiana law, expunged criminal records are concealed from the general public, and only made available under limited circumstances. Once expunged, they can only be released by court orders or made accessible to law enforcement that is acting on official duty.

Potential Employers Cannot Find Expunged Records While Performing a Standard Employee Background Check. TRUE!

Records that have been expunged cannot be accessed by any individual performing or running a background check. They are concealed from employers, banks, leasing offices, and more. It is illegal to discriminate against any person for a conviction, arrest, or charge that has been expunged. This means an employer cannot fire or choose to not hire an individual based on a criminal charge that was expunged.

Anyone Can Qualify for Criminal Record Expungement. FALSE!

Individuals must qualify for criminal record expungement by meeting certain requirements and criteria. Depending on the crime, charge, or conviction, individuals must wait at least 5 years before applying to have their records expunged. And that’s just for misdemeanors and minor charges. For more serious convictions, more time is required to pass before a person can qualify. It can be as high as 10 years or more before someone with a felony charge or conviction can expunge their records. And many will never qualify at all based on other requirements. Consult an Indianapolis expungement lawyer for more details about qualification requirements.

Minors Can Expunge Criminal Records. FALSE!

Individuals with convictions, arrests, or charges from when they were a minor can have their records expunged if they meet all other criteria; however, an individual under the age of 18 must wait until they are a legal adult before they can qualify for expungement. So, juvenile criminal records can be expunged, but a person must be at least 18 years of age before filing for expungement.

Individuals Can Only File for Expungement Once in their Lifetime. TRUE!

A person may only file a petition to have their criminal histories expunged one time and one time only. If they make one filing error or mistake, they lose their chance to expunge their criminal records. This is why it is vital to hire a lawyer for accurate filing and processing.

Indianapolis Expungement Lawyers

Call 317-636-7514 for details about filing for criminal record expungement in Indiana. We are well-versed in the new Indiana record expungement laws, and can discuss your eligibility to expunge your criminal records. Call 317-636-7514 and schedule a consultation to discuss criminal record expungement in Indiana, today.

Pros and Cons Surrounding the Indiana Criminal Record Expungement Law

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The new criminal record expungement laws are earning mixed reviews among lawyers, legal committees, counsels, and magistrates. The critics are arguing that the new law, permitting past convicted criminals to expunge their records, just doesn’t quite add up. These reconsiderations are now encouraging our communities to discuss the advantages and disadvantages of the new record expungement law, and adopt our own outlooks or positions on it.

Indiana Record Expungement

The Indiana criminal record expungement law came into effect last year in an effort to relieve past offenders of their criminal record encumbrances. Its purpose is to allow people with a non-violent criminal record to conceal their criminal histories and arrest records from the public in order to qualify for better jobs and broader personal prospects. It prohibits the public, like employers and mortgage companies, from accessing a person’s criminal history in order to investigate their eligibility and entitlement. This means expunged records will not be revealed on a standard background check.

This new law is gaining much expected popularity among past Indiana offenders and criminals. According to a recent article published by IndianaBusinessJournal.com, this year more than 270 requests for criminal records expungement were received in the first six months just in Monroe County, IN (“Prosecutors: Expungement Law” par. 3). There are two principle arguments that continue to arise when discussing the pros and cons to criminal record expungement. The first argument is that the law gives people another deserved opportunity they have longed for their whole lives; while the second argument remains that the law degrades and debases our country’s justice system by essentially eliminating the long-term consequences of committing a crime.

In the same article published by IBJ.com, Monroe County Chief Deputy Prosecutor Bob Miller was quoted telling the Herald-Times of Bloomington, “On the one hand, it provides a sort of amnesty for people who made a mistake when they were younger that has haunted them since in terms of education and employment. That part is a good thing…but victims can think it unfair for an offender to clear his or her records…”(“Prosecutors: Expungement Law” pars. 5-6). This tells us that there are both positive notes, as well as doubts, no matter which side of the debate you are asking.

Although many will argue that the process of judges and prosecutors granting expungement is becoming very hasty and routine, there are still those who draw the line. Prosecutors in various counties across Indiana are frequently denying requests for expungement where they see it’s not fit or justified. For example, criminals with certain felonies, like sexual or violent crimes, are still requesting expungement but not receiving approval because of the severity of their crimes. The unfortunate part is, judges are not allowed to weigh testimony from victims when a person is being reviewed for expungement. This means that many people that may not deserve a clean record are getting one anyway.

Works Cited: “Prosecutors: Expungement Law Has Good, Bad Sides.” Indiana Business Journal, 20 July 2014. Web. 07 Aug. 2014. http://www.ibj.com/prosecutors-expungement-law-has-good-bad-sides/PARAMS/article/48674

Indiana Expungement Lawyers

Call 317-636-7514 to expunge your criminal records in Indianapolis, Indiana. We are reputable and adept Indianapolis expungement lawyers that are well-versed and proficient in the new Indiana criminal record expungement laws. Call us today at 317-636-7514 to learn more about criminal record expungement in Indianapolis, IN and its surrounding counties.

How Soon Can You Expunge Criminal Records?

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When a person has been arrested, convicted, charged with a crime, or all three, then this information will stay on their permanent record. Criminal records retain information about an individual’s criminal history. Every time an arrest took place, or a run-in with law enforcement occurred, it was added to their criminal record. Currently, a new law recently passed allows people with past criminal histories to expunge their records and seal then from the public eye. This means employers, landlords, loan officers, mortgage brokers, and the public cannot access a person’s criminal record once expunged. There are several stipulations when it comes to qualifying for criminal record expungement. Not only are there prerequisites for qualifying, there are rules about time-frames and how long a person as to wait to be eligible for expungement. Continue reading to learn these stipulations and perquisites to expunge criminal records.

Criminal Record Expungement

Depending on the crime committed, a person must wait at least five years since the date of any conviction in order to be eligible for expungement. For more severe or serious crimes, like felonies, a person must wait at least eight to ten years before qualifying for record expungement. Many people that have heard about this new law are excited and eager to get their recent arrests and charges sealed for good; however, this law doesn’t work that way. It is not intended to clear a person’s record and wash away their accountability in a crime; instead, it is meant for people who made mistakes in their past that wish to conceal these arrests for future, healthy endeavors.

For example, a husband and new father has a drunk-driving or OWI arrest on his record from his college days. He wants to apply for the new promotion at work to better support his family, but cannot get the job because he has a criminal history. This man would benefit greatly from the new criminal record expungement law. He can have this long-ago arrest conceal from his employers so that he may be looked at as a potential candidate for the upcoming promotion. This law is not intended to seal a prostitution arrest from a month ago so a woman does not have to do more jail time the next time she is arrested on the streets.

There are various other stipulations when it comes to criminal expungement eligibility. Not everyone will qualify and be granted expungement rights; even if the required amount of time has passed since the arrest. Certain crimes are not seal-able; such as murder, sex crimes, kidnapping, and other felonies. Some states do allow record expungement for felonies at all; only misdemeanors and arrests.

Indianapolis Criminal Record Expungement

Call 317-636-7514 for accurate information and consultation regarding criminal record expungement in Indiana. Our Indianapolis attorneys have decades of experience practicing law in Indiana, and are well-versed in the new Indiana expungement laws. We offer free initial consultations to assess your circumstances and determine your eligibility for record expungement. If you want to expunge criminal records in Indianapolis, IN, call 317-636-7514 right away.