Indiana Criminal Record Expungement Filing Mistakes That Will Cost You

Posted on February 28, 2025 by admin

Expunging your criminal record can be a life-changing step, giving you a clean slate and new opportunities in work, life, and housing. For Indiana residents, the state’s Second Chance Laws provide a path to do just that. But what happens if a misstep in the process delays or, worse, denies your petition for expungement? Filing mistakes are more common than you might think, and they can jeopardize your case.

This guide will walk you through Indiana’s expungement process and the common mistakes you must avoid to ensure success. You’ll also learn why working closely with an experienced expungement lawyer can increase your chances of having your record sealed or wiped clean.

Call 317-636-7514 to Speak With an Indiana Expungement Attorney

What Is Criminal Record Expungement and Why Does it Matter?

Expungement is the legal process that allows individuals to seal or remove past criminal records, effectively providing a fresh start. For many, this means better job prospects, access to housing, and the removal of social stigma tied to past mistakes.

Indiana has specific laws, known as Indiana’s Second Chance Laws, designed to give you the opportunity to leave your past behind. However, navigating this process can be overwhelming, riddled with complex requirements, paperwork, and strict deadlines.

That’s why attention to detail and understanding the process are essential.

Key Eligibility Requirements and Deadlines for Indiana Expungement

Before you file your expungement application, it’s crucial to understand Indiana’s expungement criteria. These typically include the following:

Waiting Periods

Indiana requires waiting periods depending on the type of criminal offense. For example:

Arrests without conviction or dismissed charges require at least one year.
Misdemeanors require five years after conviction.
Felonies generally require eight years post-conviction.

Eligibility

You must meet specific criteria, such as completing all terms of sentencing, including fines, restitution, and probation. Additionally, certain severe crimes, such as sex offenses and violent crimes, cannot be expunged.

One-Time Opportunity

Indiana allows a person to petition for expungement only once in their lifetime. The stakes are high—any mistakes could cost you your only chance at a clean record.

Failing to meet these requirements can result in an automatic denial of your application, underscoring the importance of accuracy and legal guidance.

6 Common Indiana Expungement Mistakes to Avoid

1. Misunderstanding Eligibility Criteria

One of the biggest pitfalls is misunderstanding whether you qualify. Indiana’s expungement criteria are strict, with nuanced rules based on the type of offense. For example:

If your conviction involves violent crimes or public office misconduct, you may not be eligible for expungement.
Some individuals fail to account for waiting periods, unknowingly submitting their applications prematurely.

How to avoid this mistake: Check Indiana’s laws thoroughly and consult an expungement lawyer in Indianapolis to confirm your eligibility.

2. Failing to Disclose All Prior Arrests

Expungement in Indiana requires you to disclose all prior arrests and convictions—even those you may think are irrelevant or too minor to mention. Omitting any arrest raises red flags and could lead to outright rejection of your petition.

How to avoid this mistake: Request your complete criminal history to ensure no arrests or charges go undisclosed. This includes minor infractions and dismissed cases.

3. Not Obtaining Certified Records

You must include certified copies of your criminal records with your petition for expungement. These records should come from the court where you were charged, not just printed from online databases.

Unfortunately, many applicants try to save time by submitting unofficial documents, not realizing this will lead to rejection.

How to avoid this mistake: Contact the relevant clerk’s office to obtain certified copies of all necessary records. Start early, as this can take time.

4. Incorrectly Filling Out the Expungement Petition

Filing an incomplete or incorrect petition for expungement is another common error. Mistakes—such as misspelling names, wrong case numbers, or mismatched dates—can derail your case. Small errors may be perceived as carelessness by the court, which could impact their willingness to grant your request.

How to avoid this mistake: Double-check every form field and review your petition multiple times, ideally with the help of a legal professional.

5. Missing Deadlines for Filing Paperwork

Indiana’s expungement process is time-sensitive, with strict deadlines for filing once you initiate the process. Missing these deadlines can lead to costly delays and, in some cases, disqualification.

How to avoid this mistake: Create a timeline and calendar reminders, and work with a legal team to ensure you meet all required deadlines.

6. Neglecting to Follow Up with the Court

Submitting your application is not the end of the road. Many people assume that the court will take care of everything once the petition is submitted—a mistake that can prolong the process or even result in missed hearings.

How to avoid this mistake: Follow up regularly to verify the status of your application. Attend court hearings if required and ensure all remaining steps are completed.

Key Takeaways

Expungement is a powerful tool to unlock new opportunities, but it’s a complex process fraught with potential mistakes. Each error risks prolonging your case or forfeiting your one chance for a clean slate under Indiana’s Second Chance Laws.

The good news? You don’t have to go through it alone. Whether you’re unsure about your eligibility, struggling with deadlines, or concerned about making mistakes, an experienced expungement lawyer can help you avoid costly errors.

We specialize in guiding Indiana residents through the expungement process step by step. Contact us today at 317-636-7514 for expert guidance and ensure your petition is filed perfectly the first time. Take the first step toward a brighter future. Our Indiana criminal expungement services start as low as $850. Call us today or schedule a free consultation.

Unlocking Opportunities: The Benefits of Expunging Your Criminal Record in Indiana

Posted on February 12, 2024 by admin

Expunging a criminal record is more than a legal process; it’s a pathway for individuals to reclaim their stake in society. In the state of Indiana, the right to expunge past convictions and arrests offers a fresh beginning, enabling former offenders to unlock opportunities that were previously out of reach. For those navigating the complexities of the legal system and looking to rebuild their lives, this blog post will serve as a comprehensive guide to understanding and engaging with the expungement process in Indiana.

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Introduction to Criminal Record Expungement in Indiana

The expungement process allows individuals to seal criminal records, preventing general public access. In Indiana, this process is critical for those with past legal issues who wish to move forward without the stigma of their criminal history. An official expungement order effectively hides the details of an arrest or conviction from the public eye.

Petitioning for Expungement

Indiana law provides for the expungement of certain criminal records for eligible individuals. A petition for expungement must be made to the court where the conviction occurred. Once granted, the record is no longer part of the individual’s criminal history and is not included in a standard background check.

Eligibility Criteria and Requirements

To be eligible for expungement in Indiana, several conditions must be met. These include satisfying waiting periods, completing all sentencing requirements, and remaining crime-free during the waiting period. Certain offenses, such as those resulting in serious bodily injury or death, are generally not eligible.

The Importance of Legal Counsel

Navigating the legal intricacies of the expungement process can be daunting. Hiring a skilled criminal defense attorney who is well-versed in Indiana’s Second Chance Law is a crucial step. An expungement lawyer will guide you through the process, ensuring that all requirements are met, and petitions are completed accurately, maximizing the chances of success.

Benefits of Expunging Your Criminal Record

The decision to pursue expungement brings with it a myriad of advantages that can profoundly impact your life and future opportunities.

Improved Job Prospects and Career Opportunities

One of the most significant benefits of expunging your record is the ability to pursue career advancement without the shadow of past offenses. Record expungement allows individuals to apply for jobs and licenses without the fear of being disqualified due to their criminal history.

Regaining Voting Rights and Eligibility for Public Benefits

Expunging a criminal record also restores civil rights, including the right to vote. Additionally, it reinstates eligibility for important public benefits, providing a support system for individuals who choose to re-engage with civic life.

Enhanced Housing Options and Rental Opportunities

Securing housing is often challenging for those with a criminal record. An expunged record can make it easier to find rental properties and avoid discrimination from landlords or housing authorities.

Restored Reputation and Peace of Mind

The emotional toll of carrying a criminal record can be significant, especially in the dating and social world. Expungement offers peace of mind, closure, and the opportunity to be seen for who you are now, rather than for past mistakes.

Navigating the Expungement Process

Embarking on the expungement journey involves careful planning and a clear understanding of the steps involved. Before filing a petition, it’s important to understand the process fully. Begin by obtaining a copy of your criminal record and assess your eligibility. The Indiana Judicial Branch website provides valuable resources, including forms and instructions for the expungement process.

Common Challenges and How to Overcome Them

Each expungement case is unique, and complexities and challenges may arise. Issues such as incomplete paperwork or objections from the prosecuting attorney can slow the process. Working closely with your attorney to address these challenges is paramount.

Conclusion

Expunging a criminal record is a legal process with the power to transform lives. It’s a chance to turn the page, to claim the second (or third or fourth) chance that every person deserves. By recognizing and embracing the benefits of expungement, individuals can set themselves on the path to a brighter future.

If you or someone you know is considering record expungement, take the first step by consulting with an experienced attorney. With legal guidance and a willingness to pursue the opportunities available through expungement law, the residents of Indiana can rewrite their narrative and unlock the full spectrum of their potential.

Don’t let the past define your future—take control and seize the opportunity to expunge your record today. Contact our respected lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Our fees start as low as $850, and we never charge for initial consultations.

People Most Likely to Have Background Check Ran On Them

Posted on March 11, 2022 by admin

Our world is much different today than it was generations before. Humans have always been nosy, but with the increasing applications of technology available to us now, we are even nosier than ever because such technology makes it easy to be. There are various portals and resources out there for performing historic scans on people. One such resource is a background check, and some are more prone to having one done on them than others.

Continue reading to learn which people are very likely to be entered into a background scanning program and why, plus what you can do if you are not happy with your criminal past in Indiana.

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Common Background Scan Targets

First Dates

With the new online dating trend in full motion, many men and women are going on first dates with strangers they’ve only communicated with through technology. Because this is becoming a more common approach to dating, first dates are happening more often with complete strangers, rather than a set-up by mutual friends. For one’s own protection and peace-of-mind, it is wise to perform a background check on a person you intend to go on a date with. You can check for driving records, arrest warrants, criminal convictions, owed child support, and more. Wouldn’t this give you a better understanding of who you are about to have dinner and drinks with?

Babysitters and Nannies

If you intend to leave your beloved children in the care of a stranger, perhaps a new babysitter or nanny, a background check can certainly come in handy. This is especially suggested for anyone interviewing and hiring new nannies, babysitters, and more. You will want to know if your new babysitter has a history with drugs and alcohol, or a poor driving record before letting your kids get into a car with them. A background check will better ensure the safety of your children.

House-Sitters and Housekeepers

If you are planning to go out of town for an extended period of time and need to appoint a person to care for your home while you are gone (i.e. mail, watering plants, letting the dogs out, etc.), it is best to perform a background check first. This also applies to housekeepers and maids. Before allowing a stranger or acquaintance to have access to your home, you will want to know if they have a criminal history of theft, drugs, and more.

Job Applicants

Job applicants are the most likely of them all to have a background check performed on them. Applying for any sort of formal job, whether a cashier at the local grocery store or a flight attendant for a major airline, will subject you to background scanning. After all, companies want to know who they are hiring, and a series of interviews cannot always reveal the deeper information about a person an employer would need to know in order to make a responsible hiring decision.

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. Employer background scans might reveal 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.

Are you unhappy with your permanent record in Indiana? Is your criminal history holding you back from opportunities in life? Contact our esteemed lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Are fees start as low as $850, and we never charge for initial consultations.

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What Can I Do With My Life After Criminal Record Expungement?

Posted on November 16, 2020 by admin

Now that Indiana allows those with past arrest and criminal records to expunge or seal them from public access, you might be ready to clean up your criminal history and start a new life. Not sure what to expect after you have been granted criminal record expungement or sealing? Continue reading to learn what type of life you can expect to lead once your criminal history is no longer holding you back from opportunity.

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The Top Benefits of Record Expungement

The chief benefit to expunging criminal records is preventing this type of access to personal information. You see, if a person is granted criminal record expungement, their past arrests and criminal histories are expunged permanently from their legal profile. Criminal expungement can offer countless benefits for the previously charged and accused, even persons with felonies on their record!

It Comes With Certain Limitations

There are many stipulations and limitations when it comes to applying or assessing eligibility for expungement. For example, a person could only file or applied one time in their life; and if any paperwork or application process is done incorrectly, this person loses their opportunity to expunge the criminal records forever. To prevent this from happening, people are highly encouraged to hire a licensed attorney to facilitate application process for you. Continue reading to learn what you can expect what’s your criminal records are expunged.

Important Information You Need to Know

Here are several scenarios, advantages, benefits, and circumstances that a person can expect to experience if they are granted criminal record expungement and have their arrest records and more restricted from public access permanently:

► Misdemeanors, Arrests, and Most Felonies are Concealed on Personal Records

► Employers, Landlords, and the General Public Cannot View Criminal or Personal Records on Background Checks

► More Opportunities for Employment are Available

► Criminal and Arrest Records are Removed from Court Files, Drivers’ License Branches, Department of Corrections’ Files, Substance Abuse Counselor Records, Police Records, and More

► Various Personal Rights are Restored

► Driving Records Can Be Repaired

► Embarrassment and Personal Shame Greatly Diminish

► Peace of Mind Having a Clear Record

Unfortunately, not everybody will qualify for expungement. As mentioned before, there are various restrictions and prerequisites that a person must meet in order to be eligible and receive a grant to have their records expunged. For example, for arrest and misdemeanors to be expunged it must be at least five years since the initial arrest. These types of restrictions are the kind of prerequisites you can expect when applying for expungement.

Where to Get Help With Criminal Record Expungement in Indiana

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.

Do Teenagers Have the Right to Expunge Arrest Records in Indiana?

Posted on October 27, 2020 by admin

When a person has a criminal record, it can create a downhill spiral of consequences for life. Whether a person was arrest, convicted, or both, a record will hold them back from certain benefits and advantages in normal society. Taking out a bank loan, applying for a job opening, renting an apartment, and more can create obstacles for someone who has been arrested or convicted of a crime. The good news is that a person can now have their arrest records purged in certain states if they qualify. The better news is that teenagers can also petition for criminal record expungement in Indiana.

Continue reading to learn what you need to know about juvenile criminal record expungement in Indiana, including how to turn in an application before the end of the year.

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The Definition of a Juvenile

An individual who is 17 years old or younger is considered a juvenile in the eyes of the law. When a kid under the age of 18 years old is arrested for a crime, they are generally charged as a juvenile. 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.

To clear up the confusion, a minor is someone who is restricted to do something due to their age, such as smoking, drinking alcohol, and voting. A juvenile can be a juvenile and a minor, while someone who is 18 is not a juvenile, but being under the age of 21 makes them a minor in terms of alcohol.

When a Juvenile is Tried as an Adult

If a minor is over the age of 14, and the crime they commit is serious, the state may decide to try them as an adult. 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. But some crimes are never eligible for expungement, including murder, sex crimes, arson, human trafficking, and more.

Expunging Misdemeanor Arrests

If a minor 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

How to Turn in Your Juvenile Expungement Application in Indiana

Call our Indianapolis criminal record expungement lawyers 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. Don’t let price worry you. 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 Indiana expungement law and get your criminal record expunged this year!

When Should I Apply for Criminal Record Expungement?

Posted on October 12, 2020 by admin

Now that you are aware there is an option for expunging or sealing arrest records, you might be eager to get started. But before you do, you must first determine if you are eligible yet. Continue reading to learn whether or not right now is a good time to petition for expungement, as well as, how to get started on your application.

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Timing is Vital With Expungement Petitioning

There are various factors that influence a defendant’s eligibility for expungement because there are several requirements and restrictions set by the state. One of the central elements to being eligible is the amount of time that has passed since your last arrest or conviction. These time limitations and similar prerequisites vary from state to state, so it is important to discuss your eligibility with a licensed criminal defense lawyer who is well-versed in the new laws and procedures.

Eligibility for Criminal Record Expungement or Sealing

If you are currently on probation or parole, or have pending criminal charges against you, now is not the time to start your petition. However, if you are more interested in expunging criminal records from a long time ago, you may still have a chance. Again, you must consult a seasoned criminal defense lawyer for assistance in determining your eligibility status.

Aside from time and current criminal charges, another important factor is the type of criminal records you wish to expunge or seal. There are two types of individuals that can petition for criminal record expungement: those who have been convicted of a misdemeanor or violation (or a series of them) arising from a single incident, and those who have been charged with a criminal offense but was 1) found not guilty, 2) charges were dismissed with prejudice, but not in exchange for a guilty plea or plea bargain.

Essential Tips for Choosing an Expungement Lawyer

The petition process is so complex and rigorous. For this reason, it is strongly encouraged to hire a criminal defense lawyer who specializes in expungement services, and who can assist you with the process. One of the rules to expunging a criminal record is that a person can only file ONCE IN A LIFETIME. If a spelling error or similar minor mistake is made during the filing process, it could revoke your chance to expunge your criminal record, forever. A lawyer will help you with every aspect of filing, paperwork, deadlines, and more, and ensure your petition is managed correctly.

How to Start Your Expungement Petition in Indiana

Call our Indianapolis criminal record expungement lawyers 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!

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.

Can Drug Offenses Be Expunged from a Criminal Record?

Posted on March 19, 2015 by admin

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.