Breaking Free from the Past: Strategies for Cleaning Up Your Criminal History in Indiana

Posted on April 14, 2025 by admin

Your past doesn’t have to define your future. For many Indiana residents, an old criminal record can feel like an unshakeable weight preventing them from accessing jobs, housing, or even educational opportunities. The stigma associated with a prior conviction often stands in the way of a fresh start, making it difficult to fully move on and rebuild.

Fortunately, Indiana offers a lifeline for those ready to break free from their past through the Second Chance Law. Designed with fairness and redemption in mind, expungement under this law gives individuals the ability to clear or seal certain parts of their criminal history. This blog outlines how you can leverage Indiana’s expungement process, avoid common pitfalls, and take the necessary steps toward a brighter future.

Call 317-636-7514 to Get Started With Your Expungement Petition in Indianapolis Indiana

Indiana’s Second Chance Law: Eligibility and Requirements

The backbone of Indiana’s efforts to promote reformation lies in its Second Chance Law, codified under Indiana Code § 35-38-9. Whether you’re facing challenges from a misdemeanor conviction or a longstanding felony record, this law serves to help individuals restore their reputation by allowing certain criminal records to be cleared.

Who is Eligible?

While the opportunity to expunge your criminal record is empowering, not everyone qualifies. Here’s a quick rundown of key eligibility criteria:

Misdemeanors (including certain Level 6 (Class D) felonies reduced to misdemeanors), can typically be expunged five years following the date of conviction.
Level 6 Felonies (Class D) without bodily harm can be expunged after eight years.
Serious Felonies including those resulting in bodily harm may qualify but often require the prosecutor’s consent and significant waiting periods of at least eight years.
Arrests without conviction are eligible for expungement one year following an arrest if the charges were dropped, the case was dismissed, or the individual was acquitted.

Disqualifying Factors

Unfortunately, not all criminal offenses are eligible for expungement. Convictions such as violent crimes, sex offenses, and public official misconduct are excluded under the law. Furthermore, an individual can only apply for expungement once in a lifetime, so it’s critical to approach the process carefully.

Step-by-Step Guide to Filing for Criminal Record Expungement in Indiana

Filing for expungement can feel overwhelming, but breaking the process into clear, actionable steps can help. Here’s how to get started:

Gather Your Records – Obtain a copy of your criminal history from the Indiana State Police and review all information. Double-check dates, charges, and case outcomes to ensure accuracy.
Determine Eligibility – Cross-reference your records with Indiana Code § 35-38-9 to confirm eligibility. If you’re unsure, seeking advice from an attorney can provide clarity.
File a Petition – Draft and file a petition for expungement in the court where your conviction occurred. Accuracy is essential in documenting your case details, including dates and case numbers.
Notify Relevant Parties – Indiana law requires that the prosecutor’s office and relevant law enforcement agencies be notified about your petition. They have the right to oppose it, so proper communication is essential.
Attend Your Hearing – Some cases may require a court hearing to determine the outcome. Be prepared to demonstrate why expungement is in the best interest of justice.
Await a Decision – Once approved, the court will order your records expunged or sealed, depending on the type of offense. This process can take up to 90 days post-approval.

By following these steps carefully, you can minimize delays and increase your chances of success.

Common Mistakes to Avoid During the Expungement Process

Errors in the application process can lead to denial, potentially forfeiting your one opportunity to clear your record. Watch out for these common mistakes:

Failing to Check Eligibility: Not all charges or convictions qualify, and filing for ineligible cases results in automatic rejection.
Incomplete or Incorrect Paperwork: Ensure every field is completed accurately. Missing details can delay the process.
Skipping Legal Representation: Even minor mistakes can have major consequences. Hiring an experienced expungement lawyer in Indianapolis maximizes your chances of success.
Missing Deadlines: Indiana’s expungement laws enforce strict timelines and waiting periods. Applying too early or too late can hurt your case.
Neglecting to Notify Relevant Agencies: Failing to notify law enforcement or prosecutors may lead to unnecessary opposition.

Get a Free Consultation to Learn Your Eligibility

The Importance of Hiring an Expungement Lawyer

While self-filing is possible, navigating Indiana’s complex Second Chance laws often requires expert guidance. Here’s why hiring an experienced expungement lawyer can make all the difference:

Legal Expertise: A lawyer understands specific statutes like Indiana Code § 35-38-9 and can assess your eligibility accurately.
Minimized Risks: Lawyers help you avoid common pitfalls, ensuring error-free paperwork and timely submissions.
Advocacy in Court Hearings: If your case requires a court appearance, a lawyer can present your case effectively to boost your chances of approval.

Hiring a professional ensures the process is handled efficiently, giving you peace of mind and a higher likelihood of success.

Life After Expungement: What to Expect and How It Can Help

Clearing your record is not only a legal benefit but a profound opportunity for personal growth. Here’s how expungement can transform your life:

Enhanced Job Prospects: Expunged records are not visible to most employers. Being able to answer “no” when asked about prior convictions improves your chances of employment.
Better Housing Opportunities: Landlords who conduct background checks will no longer see your sealed criminal record.
Restored Civil Rights: Rights such as the ability to vote, own a firearm, or hold public office may be restored, depending on the offense.

It’s important to note that, while expungement clears most records, exceptions may exist. Law enforcement agencies or individuals conducting federal background checks may still access sealed records.

FAQs About Expungement in Indiana

Here are answers to common questions about expungement:

Will Expunged Records Appear on Background Checks?

For most employers or landlords, expunged records are inaccessible. However, some agencies, like law enforcement, may still access them under certain circumstances.

How Long Does the Expungement Process Take?

The entire process, from filing to completion, can take anywhere from 4-6 months.

Is Expungement Confidential?

Yes, expungement helps protect your privacy by sealing your records, but absolute confidentiality cannot be guaranteed in exceptional cases.

What If My Petition Is Denied?

You can appeal a denial, but this can be complex. Consulting with an attorney is advisable to understand your options.

Take the First Step Towards a Brighter Future

Clearing your criminal record is life-changing and can open doors to opportunities you never thought possible. With Indiana’s Second Chance Law and the right approach, you can fully step into a future free from the shadows of your past.

If you’re ready to take action, contact David E. Lewis, Attorney at Law, to schedule a free criminal record expungement consultation today. Our experienced legal team is here to guide you every step of the way. Services start as low as $850.

Talk to an Expungement Lawyer Now

Clearing Your Name: Understanding Indiana’s Expungement Laws

Posted on April 9, 2024 by admin

In the quest for a fresh start, Indiana’s expungement laws provide a beacon of hope for those seeking to clear their criminal records. Known formally as the Second Chance Law, it’s designed to offer individuals the opportunity to seal past convictions and arrests from public view, potentially opening doors to employment, housing, and education that were previously closed.

This introduction to Indiana’s criminal record expungement laws will guide you through the eligibility requirements, the process, and the profound impact expungement can have on a person’s life, emphasizing that everyone deserves a second chance to redefine their future.

Call 317-636-7514 for Indiana Expungement Legal Help

Eligibility for Expungement in Indiana

In order to be eligible for expungement in Indiana, individuals must meet certain criteria. These include:

Completion of sentence and payment of all fines and fees associated with the conviction or arrest.
No pending criminal charges or open cases.
A waiting period of 5 years after completing the sentence for misdemeanor convictions, 8 years for most felony convictions, and 10 years for certain serious felonies.
No more than 2 felony convictions on record, with only one being a Class B felony.
Not having any previous expungements granted within the last 5 years.

It’s important to note that certain offenses are not eligible for expungement, such as sex crimes involving children, violent crimes, and certain drug offenses.

The Expungement Process in Indiana

The expungement process in Indiana involves several steps, including filing a petition with the court and attending a hearing. It’s highly recommended to seek the guidance of an experienced attorney who can help navigate through the legal complexities and ensure that all necessary documentation is submitted correctly.

Filing a Petition

The first step in the expungement process is filing a petition with the court where the conviction or arrest occurred. The petition must include all relevant information, including the individual’s personal and criminal history, as well as any supporting documentation.

Attending a Hearing

After the petition is filed, a hearing will be scheduled where the judge will review the case and make a decision on whether or not to grant the expungement. It’s important for individuals to attend this hearing and present their case in a compelling manner.

The Impact of Expungement

Expungement can have a profound impact on an individual’s life, offering them a second chance to build a better future. With a clean criminal record, individuals may be eligible for better job opportunities, access to housing and education, and the ability to obtain professional licenses. It also allows individuals to move forward without the stigma of a criminal record, giving them a chance to redefine themselves.

Conclusion

Indiana’s expungement laws offer a glimmer of hope for those seeking to clear their criminal records and start anew. By understanding the eligibility requirements, the expungement process, and the positive impact it can have on one’s life, individuals can take important steps towards a brighter future. Remember, everyone deserves a second chance to make a positive change in their lives.

So, if you or someone you know is eligible for expungement in Indiana, don’t hesitate to explore this option and pave the way for a better tomorrow. Don’t give up hope and take the first step towards clearing your name and moving forward towards a brighter future. Your second chance may be just around the corner.

For more information on Indiana’s expungement laws and resources to help you through the process, get in touch today. Contact our Indianapolis criminal record expungement lawyers to learn how to begin your petition here in Indiana. Our expungement fees start as low as $850, and we never charge for initial consultations.

Can the Indiana Expungement Law Help Juveniles?

Posted on February 12, 2020 by admin

Do you worry about your child’s future because of their past arrest or criminal record? Everything from their college admissions and dating, to professional licensing, mortgage loans, and more, can be negatively affected by a criminal record. Fortunately, the Indiana Criminal Record Expungement law might be able to provide your loved one with some legal relief, and put your mind at ease.

However, before you get your hopes up, you must know that there are several stipulations and limitations to expunging criminal records, primarily qualifying. Furthermore, the law is complex, so be prepared to hire a criminal defense lawyer who specializes in expungement so that your child’s petition is secured.

Continue reading to learn how juveniles might benefit from Indiana criminal record expungement, and who to trust for accurate legal advice and petition services in Indianapolis.

Criminal Record Expungement Attorney 317-636-7514

Don’t Make the Biggest Mistake

When it comes to petitioning for criminal history expungement, the worst mistake you can make is to NOT hire a qualified lawyer. Attempting to petition for expungement on your own is a huge set up for disaster. Not only is the legal process and actual petition both highly complex, petitioners only get one chance in their entire lifetime to apply for expungement. The petition is so strict and complicated that just a single, insignificant mistake, like a skipped line or misspelled name, will revoke a person’s petition. After a petition is revoked, you do not get another try.

A criminal defense lawyer who specializes in expungement and sealing services will ensure that a petition is filled out precisely, submitted on time and to the proper departments. All of these elements of the petition process are vital. But filing a criminal record expungement petition correctly is not the only thing you must ensure. There is also the matter of qualifying.

Qualification for Expungement

In order to be eligible for criminal record expungement, there are certain facts that must exist. The most important requirement is that a person must be 18 years of age to petition for criminal record expungement in Indiana. Additional qualification factors are time and charge. A specific amount of time must pass from the date of the arrest in order for a petitioner to be eligible.

For instance, a person expunging a basic misdemeanor DUI charge must wait at least 5 years from the date of their arrest. This will affect your child’s petition since they will likely not be eligible until they are already a legal adult. For example, if your child was arrested on their 16^th birthday for drug possession, they won’t be eligible for expungement until they are 21 years old.

Get a Personal Assessment for Your Expungement Eligibility

Call Attorney David E. Lewis at 317-636-7514 to see if your love one is eligible for Indiana criminal record expungement assessed. Our services start as low as $850, so anyone can afford to clean up their record. Call 317-636-7514 to schedule a consultation, today.

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