What You Can and Cannot Expunge

Posted on February 28, 2019 by admin

The New Indiana Second Chance Law allows those with past criminal records to seal such records from the public. This means better opportunities for employment, housing, education, and overall quality of life. However, there are several rules and restrictions to this new law, making it a risky endeavor to attempt alone. You need a professional Indianapolis criminal defense lawyer who is well versed in the expungement laws to help you with the process, from start to finish.

Continue reading to learn what you need to know about sealing criminal records, including what can and cannot be expunged.

Criminal Record Expungement Attorney 317-636-7514

Arrest Records

In Indiana, arrest records can be expunged so long as no conviction resulted, you do not have a suspended driver’s license, and it has been at least one year since the date of the arrest. How could this be beneficial to someone? A college student looking to apply to graduate school has a public nuisance arrest on their record from freshman year, but they were never convicted. They could have this record expunged so that the dean and application counsels do not see it and use it against them.

Misdemeanor Convictions

If you were convicted of a Class A through Class C misdemeanor, you may or may not be eligible for expungement. It depends on a long list of factors, including the nature of the offense and the amount of time that has passed since the conviction. In Indiana, you must wait 5 years since the date of the conviction before petitioning the court for expunction.

Felony Convictions

If you were convicted of a Class D felony that was reduced to a misdemeanor, you would need to adhere to the same prerequisites as a misdemeanor conviction, as mentioned above. Most non-violent felonies, you must wait at least 8 years since the date of the conviction, plus meet all the other requirements, such as no pending charges, valid drivers’ license, and more.

What CANNOT Be Expunged

Expungement is not available to everyone. Those who are not eligible include sex offenders, violent offenders, and anyone convicted of official misconduct.

Where to Start Your Expungement Petition

Criminal Record Expungement 317-636-7514

Call 317-636-7514 if you want to expunge a criminal record in Indiana. 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.

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

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.

FAQs About Sealing and Expunging Criminal Records

Posted on October 26, 2018 by admin

Criminal Record Expungement Attorney 317-636-7514

Now that many past offenders have had great success with Indiana’s Second Chance Law, you too should strongly consider taking advantage of this opportunity before it is gone forever. If you have a criminal record that you wish could be restricted from public access, then now is the time to look into your eligibility and requirements.

Your best course of action is to discuss your criminal record concerns and goals with a licensed Indianapolis criminal defense attorney who is well-versed in the new expungement laws. You can schedule a free initial consultation to get all the answers you need.

In the meantime, continue reading to review some of the most frequently asked questions about record sealing and expunging in Indiana.

Criminal Record Expungement Attorney 317-636-7514

☛ What is the Difference Between Expunging Criminal Records and Sealing Criminal Records?

A person can only expunge arrest records that never ended in a conviction. This means arrests that were later dropped, acquitted, or dismissed can be completely expunged from physical and online databases. Although government officials and police can still access these records, just as they can sealed records, the general public cannot ever see them and a person can legally claim to never have been arrested.

If a person was arrested and found guilty, or pleaded guilty, to a charge, then they can only apply to seal their criminal records. This means these records will not be physically destroyed and will still be accessible by police, federal government, the FBI, immigration officers, and other public officials. But when criminal records and arrests are sealed, they are no longer visible on public background check databases or accessible by employers, landlords, and other general public.

☛ Am I Qualified for Criminal Record Expungement?

Not everyone qualified for criminal record expungement. There are several perquisites to be eligible, all of which vary depending on the state, type of charges, amount of time that that has passed, current legal probation stints or pending charges, and much more. Generally, the types of petitioners who can apply includes individuals who were falsely charged, found not guilty, acquitted, had charges dismissed, or not guilty of the charges.

☛ Can Adults Expunge Juvenile Records?

Yes; if you are 18 years or older, but have criminal convictions, arrests, or charges from when you were a minor, you may be able to have these records expunged in Indiana! When you have past arrests, misdemeanors, and low-grade felonies blocked from public access, you can feel more confident about interviewing for that dream job, or applying for a loan, and much more.

☛ How Much Does it Cost to Expunge or Seal Criminal Records?

The cost of criminal expungement in Indiana differs. It all depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions, and court costs. Fortunately, there are law firms that do not charge a fee for your first consultation. This means you have nothing to lose and only knowledge to gain regarding your eligibility for criminal expungement, if you find the right Indianapolis criminal defense law firm that specializes in expungement services.

How Do I Expunge My Criminal Record in Indiana?

Criminal Record Expungement 317-636-7514

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 in Indiana, and get your criminal record expunged this year!

The Affordable Criminal Record Expungement Law Firm You’re Looking for in Indianapolis

Posted on October 24, 2016 by admin

Ever since Indiana made changes to their criminal record expungement laws, thousands of past offenders have jumped at the opportunity to clear the criminal records for good. There are so many benefits that come with clearing your criminal history, making it no surprise why it is such a popular petition in Indiana. An improved criminal record can open up so many doors in terms of jobs, loans, housing, and much more. But because the petitioning process for criminal record expungement is so complex and sensitive, it is important to retain professional legal representation for help with filing all of the documents necessary for applying.

If you are interested in sealing your past criminal convictions and arrests for the sake of your future, you are in the right place! We are the licensed and experienced law firm that can provide Indiana criminal record expungement services and assistance at an affordable price.

A Truly Affordable Price!

Our law firm offers criminal record expungement assistance for as low as $850! The cost of your service will largely depend on the extent of your criminal history and the complexity of the case. We are criminal defense lawyers that have extensive hands-on experience in criminal law. And now, we are extremely well-versed in the new Indiana expungement laws! We know the exact process, paperwork, and procedures for filing for criminal record expungement in Indiana. We will make sure your petition goes through without any mistakes or errors whatsoever.

Free Initial Consultations!

We offer free initial consultation to discuss your case to determine your eligibility for, record expungement. Not everybody qualifies for criminal record expungement, so it is important to learn your eligibility first before wasting any time and effort applying. During your initial consultation, we will use our knowledge and resources to determine eligibility for expungement. If you qualify, we can afford that they are working on your petition!

Indiana Criminal Record Expungement Lawyers

Call 317-636-7514 if you are interested in learning about criminal record expungement in Indiana. You can trust us with your expungement petition because we care about your future and we have already helped numerous clients feel their criminal records in Indiana. Call 317-636-7514 to request a free estimate for Indiana criminal record expungement service, today.

Expunge Criminal Record Indiana

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