Do All States Allow Criminal Record Expungement?

Posted on June 19, 2020 by admin

With so many laws being passed and repealed every day, it’s hard to keep up. And although most people are unaware of new laws being passed in their state, there is one new law that many cannot afford to ignore. Criminal record expungement is now legal in several states within the country. This new law allows past criminals to seal or restrict their past arrests and convictions from public view. There are endless benefits to this law, but not all states have approved it yet.

Continue reading to learn more about criminal record expungement and which states have approved the law.

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Expunging Criminal Records

The new criminal record expungement laws have the ability to change people’s lives in a dramatic way. With certain criminal records weighing over a person’s head and lingering on their public record, there are certain consequences. Aside from criminal stigma and judgement, a criminal record can hold a person back from any benefits that require a background check. This includes applying for a loan, renting an apartment, getting a job, and more.

Now, in cooperating states, people have the opportunity to have these past criminal records sealed or restricted from the public, with the exception of police and government officials. This allows people to take advantage of certain benefits, like better jobs and home loans, and live a better life. Most states have adopted this new criminal record expungement law, but some are still lingering on the back burner. Since most states have not approved and passed this new law, it is more efficient to list the ones that have so far.

Here is a list of states that allow criminal record expungement:

Indiana
Arizona
California
Colorado
Connecticut
Florida
Illinois
Missouri
New Hampshire
New Jersey
New York
Oregon
Ohio
Utah
Texas
Tennessee
Washington

Although these states have approved the criminal expungement law, it is not a permanent law. They have only approved it for a trial period. And since there are several opposed to this law, there is no telling when or if it will get repealed. This means it is important to take advantage of this opportunity while it lasts. The only catch is that not everyone will qualify for criminal record expungement.

There are guidelines that one must meet to be eligible to conceal or expunge their criminal records. This is why it is necessary to hire a licensed criminal attorney for accurate and professional help. A person can only file one time in their life, and just one mistake can take that chance away. A lawyer can determine your eligibility and ensure everything is carried out precisely.

How to Start Criminal Record Expungement in Indianapolis, Indiana

Call 317-636-7514 if you have a criminal record in Indiana that you would like to clean up this year. Our law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more, today.

Frequently Asked Questions About Indiana Background Checks

Posted on May 26, 2020 by admin

There are many cases in which you might have to do, or be subjected to, a background check in Indiana. Whether you are preparing to interview for a new job, apply for new housing, or go on a blind date, be sure to get some accurate and up-to-date answers about background checks beforehand. Continue reading to review some frequently asked questions about Indiana background checks for a good place to start.

What is a Background Check?

A background check is a process used to collect and investigate a person’s personal records for the purpose of verifying identity, confirming credentials, and assessing risks. Such scans can reveal information regarding past criminal records, education archives, employment history, financial history, and more.

What Kinds of Background Checks are There?

There are various kinds of background checks available, all of which vary in how much data they gather, who runs them, how much they cost, and more. Common background checks include criminal background checks, county background checks, state background checks, and national background checks. Others include:

➾ Driving Records
➾ Employment Records (including professional licenses and certifications)
➾ Drug Testing
➾ Education Verification
➾ Sex Offender Registry Check
➾ Social Media/Internet Scans
➾ Social Security Traces
➾ Credit Checks
➾ Listed Domestic or Global Terrorist
➾ Fingerprint Checks

Who Can Run a Background Check?

Anyone can run a background check on another person, whether a private individual, public company, family member, stranger, or employer. Some are free, others cost money.

When Might a Background Check Be Run on Me?

The most common parties that run background checks include law enforcement, employers, school admission offices, landlords, parents, and even a potential romantic partner.

How Can I Improve My Background Check Results?

A new law regarding criminal record expungement, known as Indiana’s Second Chance Law, was recently passed in our state. This means certain people now qualify to have their criminal records eliminated from public records. It is Indiana’s first comprehensive criminal record expungement law, and a significant opportunity to improve your background check results.

Where Can I Get Expungement Service in Indianapolis?

Call 317-636-7514 to get started on the Indiana criminal record expungement application process. We offer professional criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the 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.

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What You Have the Right To When Stopped By Police

Posted on May 15, 2020 by admin

When you are stopped by police, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you. Continue reading to learn about “cop stops” and how long police can detain you without making an arrest.

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The Rules of Police Stops

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What to Expect During a Police Encounter

During a typical police encounter, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may ask for additional documents, including vehicle registration, drivers’ license, car insurance, and title.

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So, it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused. Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward.

If you were convicted of a crime, but believe that you were wrongly accused or tried, contact a criminal record expungement lawyer to clear your record of this arrest and conviction!

How to Clean Up Your Criminal Record in Indiana

Call our Indianapolis expungement lawyers at 317-636-7514 if you have a criminal record in Indiana that you would like to clean up this year. Our law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more, today.

Trust Us to Expunge Your Indiana Criminal Record

Posted on April 21, 2020 by admin

A new law regarding criminal record expungement has recently been passed in Indiana, which means qualified individuals can have their criminal records concealed from public access. The new law is also known as the Indiana Second Chance Law, and it involves a complicated petitioning process. For this reason, it is necessary to hire a criminal lawyer who it well-versed in the new laws to help you with your petition.

Fortunately, criminal record expungement legal services in Indianapolis are absolutely affordable for those who qualify! That’s because Attorney David E. Lewis provides Indiana criminal expungement legal services starting as low as $850! Continue below to learn how to get a free consultation, via phone or internet.

How to Qualify for Indiana Criminal Expungement

Currently in Indiana, those with past criminal or arrest records can choose to file for expungement in order to conceal their criminal histories from general public access. Not everyone will qualify, but for those who do, it is critical to hire a licensed attorney that is well-versed in the new criminal record expungement laws. This is important because one small error on a document or during the filing process can automatically eliminate a person’s only chance to conceal their criminal records.

Indiana only allows a person to file for expungement ONE TIME in their life. So if a mistake it made, they lose their opportunity forever. A licensed attorney, like the ones at Expunge Criminal Record Indiana, can accurately file and implement all necessary documents, notions, motions, and paperwork to ensure that expungement applications are processes correctly.

Learn More About Qualifying for Indiana Record Expungement

Call our Indianapolis criminal defense law firm at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Take advantage of this opportunity and get your criminal record expunged this year!

The Difference Between Federal Law and State Law

Posted on March 18, 2020 by admin

When you or someone you love is facing criminal charges, it is wise to start doing your research in order to better understand the law and what you might expect during the judicial process. The most fundamental place to start is to learn the difference between state and federal law. One area of law involves misdemeanor convictions, while the other deals with felonies.

Continue reading to learn what you need to know about state and federal law, including what they are, when they were created, who created them, their constitutional power, and much more.

State and Federal Criminal Record Expungement Attorney 317-636-7514

State Law

State law refers to the laws that each individual state in the United States of America use to govern their citizens. They are sanctioned by the state legislature, and implemented upon the governor’s signature. State laws are only applicable in their own state, however, many states share the same types of laws. Not only do these laws pertain to both residents and visitors to the state, they also apply to business entities, corporations, and all other organizations that operate within the state borders.

When a person breaks a law on a state level, they face being convicted of a misdemeanor. There are multiple levels of misdemeanors, all of which come with their own separate set of penalties and repercussions.

Federal Law

Federal law was created by the United States Congress. Before a law can become a federal one, a bill must be passed by both houses of Congress, and signed off by the President of the United States. These laws pertain to everyone in all 50 states in the country, regardless of citizenship. The U.S. Constitution shapes the foundation for federal law by establishing government power and responsibility, as well as protecting citizen rights.

When a person breaks a law on a federal level, they face being convicted of a felony offense. There are multiple levels of felonies, all of which come with their own separate set of penalties and repercussions. Common federal offenses include murder, sexual assault, fraud, theft, and drug trafficking.

Want to Remove Misdemeanors and Felonies From Your Criminal Record? Look to Expungement.

State and Federal Criminal Record Expungement

In order for a federal charge to be expunged from a person’s criminal record, the conviction must have been dismissed by the court. Once a federal record is expunged, all official records and references of a conviction is erased, with the exception of the Department of Justice.

To expunge an arrest, charge, or conviction on a state level, a pre-determined amount of time must pass by since the date of the charge. Additionally, a state criminal record can only be expunged if the charges were later dropped because a judge determined no crime was committed, were later dropped because there was no probable cause, or the arrest never lead to criminal charges.

Learn More About Qualifying for Indiana Record Expungement

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.

Criminal Record Expungement Attorney 317-636-7514

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

Criminal Record Expungement 317-636-7514

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.

Criminal Record Expungement 317-636-7514

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.

Criminal Record Expungement Lawyer 317-636-7414

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!