How to Fix a Mistakes on Your Criminal Record

Posted on November 21, 2019 by admin

Anyone with an arrest or criminal record can expect a few road blocks along the road of life. This is especially relevant to applying for a job, promotion, professional license, loan, or a residence to rent. Landlords, supervisors, and managers commonly inquire about criminal histories to better understand the applicant and their capacity to either perform well on the job, pay back a loan, or responsibly take care of a home. If a person has a criminal record that is incorrect or misleading, it can really damage their personal and public quality of life. Fortunately, a new law has passed that allow changes to be made to criminal records, especially in the case that a record is inaccurate.

Continue reading to learn how criminal record expungement can help fix mistakes that are on your personal criminal record in Indiana.

Criminal Record Expungement Attorney 317-636-7514

Sealing Criminal Records for Adults

Criminal record expungement refers to the process in which a person hides or seals their past criminal convictions and arrests from public access. This means if a landlord or potential employer asks if you’ve been arrested and convicted of a crime, you can legally say no. There are several details and stipulations that are involved with the expungement process, which is why a lawyer is highly recommended.

Not everyone is eligible for expungement so it is important to outsource professional legal assistance to facilitate the process exactly the way it should. If a person qualifies for expungement but makes a single mistake during the filing process, they lose out on dealing their records and cannot ever file again. You only get one chance to seal adult criminal records.

Eligibility Requirements

When it comes to criminal record expungement, there are rules and requirements that a person must have. For example, depending on the type of charges, a person must wait at least five years from the date of conviction to even think about filing for record expungement. For more serious crimes, a person must wait at least 8 to 10 years from the date of arrest.

Also, not all records are eligible for expungement; such as kidnapping, rape, murder, etc. It is important to hire a qualified and licensed attorney that specializes in criminal record expungement services. Because this law is new, there are many novice expungement services available; but be sure to choose a reputable law firm that genuinely understands the law and everything it entails.

Where to Get Expungement Help in Indianapolis?

Call The Law Firm of Attorney David E. Lewis at 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.

Frequently Asked Questions About State and Federal Law

Posted on May 31, 2019 by admin

The two primary types of courts in the United States are federal and state courts. There are several key dissimilarities between these two court systems, and a few similarities too. Continue reading to learn some fundamental information about state and federal offenses, including the primary differences between state and federal court, types of federal crimes, the importance of federal criminal defense, and more.

Criminal Record Expungement Lawyer 317-636-7514

How Do Federal and State Court Differ?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

What is are Federal and State Crimes?

Federal crimes are more serious than state crimes, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Each level of felony is assigned a separate statute regarding penalization.

State crimes are those that break laws set by and enforced by the state. They are referred to as “misdemeanors”, which are lesser offenses compared to felonies, but still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors.

What are Some Common Federal Offenses?

Federal offenses are very serious. Some common examples include arson, bank fraud, healthcare fraud, mail fraud, car theft, identify theft, carjacking, kidnapping, civil rights offenses, drug trafficking, drug dealing, armed robbery, firearms offenses, assault and battery, sexual assault, child molestation, hate crimes, homicide, and murder.

Can I Remove State and Federal Crimes From My Criminal Record?

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.

How to Get Started With Criminal Record Expungement

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.

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.

Can Juveniles Tried as Adults Have their Criminal Record Expunged?

Posted on November 13, 2015 by admin

There are new Indiana laws that pertain to sealing or expunging criminal records for those who qualify, but there are several stipulations and complex procedures that influence a person’s right to expungement. For most misdemeanors, it is a required 5 year waiting period, from the date of the arrest, in order to meet the time-elapse qualifications. But there are many more, involving prior convictions, habitual offenders, serious felony crimes, and more. It is vitally important to talk to a licensed criminal attorney that is well-versed in the new Indiana record expungement laws in order to fully understand what it takes to
qualify and move forward with the process.

Many parents, or young adults, have questions about juvenile arrests and expungement. Mainly, people want to know if a juvenile record can be expunged, and if so, how to get started. But another common question has to do with minors that were arrested and tried as adults. Can these juvenile records still be expunged even though they were charged and convicted as an adult? And if so, how can a juvenile, or person with a juvenile record, qualify for criminal record expungement? Continue reading to learn the answers to these questions and more.

Juvenile Criminal Records

When a kid under the age of 18 years old is arrested for a crime, they are generally charged as a minor. But if they are over the age of 14 and the crime they committed was a serious felony, the courts and state may decide to try them as an adult. In these cases, the crimes are pretty serious or extensive. Courts do this to not only set an example, but to also make a point to service the right amount of justice where deserved.

In terms of expungement, a juvenile must wait a certain number of years, without committing any other crimes in between, before they can even qualify at all. Once this time limit is up, generally between 5 and 8 years, they can begin to inquire about further eligibility. What we mean is, some crimes are never eligible for expungement, including murder, sex crimes, arson, human trafficking, and more. But is a juvenile was convicted of a lesser crime, such as a misdemeanor or Level 6 felony, there is possibility for expungement. Depending on their past criminal history, this eligibility may change. Whether a juvenile was tried as an adult or not, there may be a chance for qualification. Each individual case is different, which is why it is important to consult a licensed criminal lawyer for accurate evaluation and information.

The Law Office of David E. Lewis

Call 317-636-7514 for information about juvenile criminal record expungement in Indiana. We are well-versed in the new Indiana laws pertaining to the processes, procedures, rules, eligibility, and more. We can provide secure assistance to seal or expunge criminal records and arrest records. Our services start as low as $850 and he offers free case evaluations. Call 317-636-7514 to determine your eligibility for criminal record expungement in Indiana, today.

How Soon Can You Expunge Criminal Records?

Posted on July 3, 2014 by admin

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.

Expunge Criminal Record Indiana

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