Felony Records That Are Eligible For Expungement

Posted on July 14, 2022 by admin

Having a federal level record on your criminal history report is unconducive to having a good quality of life. Felony records hold individuals back in almost every important element of life, including dating, socializing, career, school, professional licensing, and even self-esteem. Fortunately, Indiana has passed a law that allows eligible petitioners to seal or expunge past criminal records, including certain felonies.

Continue reading to learn which felony records qualify for criminal expungement and which felonies do not, plus how to get started on your expungement petition near you.

Felony Criminal Record Expungement Indiana 317-636-7514

Felony Record Expungement Basics

One of the fundamentals for qualifying for criminal record expungement is time. A certain, specified amount of time must pass before a person becomes eligible to petition for expungement or record sealing. In addition to time, the offense must meet certain requirements. For felonies, the required waiting period is 8 years.

Felony Expungement and Sealing Qualifications

Below is a breakdown of eligible and ineligible felonies for criminal record expungement. Use this guide to gauge your eligibility, then contact a seasoned Indianapolis criminal defense attorney who specializes in appeals and expungements for personalized advice on how to further verify your eligibility and get started on your official petition. Being as though the criminal record expungement law is a very unpopular one among state legislators, be sure to take advantage of the opportunity soon because it might not be around much longer!

Felony Records That Can Be Expunged

Level 6 felonies are the least serious of federal charges and convictions. So long as your level 6 felony did not involve serious bodily injury to another, it likely qualifies for criminal record sealing, but not expungement. Record sealing involves restricting your criminal records from public access, while expungement takes them away altogether, allowing granted individuals to rightfully deny they have ever been convicted. Any felony records outside of these conditions might be eligible for expungement or record sealing with the written consent of a prosecutor.

Felonies That Cannot Be Expunged

There are many kinds of felonies that do not qualify for criminal record expungement or sealing. These include felonies that resulted in serious bodily injury to others, plus certain violent felony offenses, such as sex crimes, hate crimes, homicides, kidnapping, sex trafficking, and official misconduct of politicians.

Are you ready to clean your slate and be free of your felony record? Contact us at 317-636-7514 to schedule a free initial consultation with an experienced expungement lawyer in Indianapolis. Our Indiana criminal expungement services start as low as $850!

Can I Have a Felony Expunged from My Criminal Record?

Posted on January 7, 2015 by admin

Having a felony on your record can feel much like having a kettle ball tied to your ankle for the remainder of your life. Fortunately, there are new state and federal laws passing in many states allowing past offenders the opportunity to conceal their arrest records from the general public. This is called criminal record expungement. Not everyone qualifies for criminal record expungement, as there are many stipulations and prerequisites. Eligibility depends on a number of variables, making no two cases alike. Arrests, violations, and misdemeanors can all be expunged, but felonies are trickier. Continue reading to learn more about criminal record expungement and who to call to see if you qualify in your city or state.

Felony Convictions and Expungement

If a person could conceal a felony conviction that has been haunting them for quite some time, they could change their lives. They could apply for loans, buy a home, rent an apartment, and apply for jobs they would never have qualified for in the past. Fortunately, with the new criminal record expungement laws, this can be a real-life option for some. What this means is, some candidates may be granted record expungement by a judge depending on the type of felony conviction and their criminal history. So yes, sometimes a felony can be expunged if a person qualifies.

Felony expungement works differently in every state because every state has different laws regarding rules and eligibility. In a case that a felony might be expunged, a person would only have one felony and the crime was something non-violent, and perhaps even an accident. For example, if you have a felony charge for receiving multiple DUI’s, and are now a recovering alcoholic, a judge might consider granting them expungement rights. But again, this is all very dependent on a person’s individual situation and their criminal history. If a past habitual offender wants to expunge a felony conviction, they might have a much harder time.

The best way to determine your eligibility for criminal record expungement, and your best chances at successfully doing so, is to consult a licensed attorney that provides these services. Lawyer fees generally start around $900, give or take, depending on the law firm and the complexity of a client’s case.

The Law Office of David E. Lewis

Call 317-636-7514 for accurate and reliable information regarding criminal record expungement in Indiana. Our seasoned attorneys are well-versed in the new Indiana criminal record expungement laws, and are eager to help get a fresh start to life! Our law firm offers expungement representation services for as low as $850! Get D felonies, arrests, DUI’s, and misdemeanors concealed for good in Indiana! Call 317-636-7514 and schedule a consultation to determine your eligibility for criminal record expungement in Indianapolis, IN today.

Employee Discrimination Has its Consequences for Employers

Posted on December 23, 2014 by admin

A new law, appropriately termed the “Second Chance” law, was passed last year to allow people with past criminal convictions or arrests to conceal their records from public access through a process called criminal record expungement. This act, ACT No. 1482, was signed by Governor Mike Pence in July, and remains an active statute in Indiana, for now.

This laws applies to all Indiana-based employers and employers who hire individuals in the state of Indiana. Ex-offenders can request to have their past criminal activities sealed and expunged if they qualify. If a person qualifies to have their records expunged, employers will not be able to view past criminal histories on background checks, screens, and scans. This opens doors for past offenders that would not otherwise be available to them, such as buying a home, applying for a job, and much more.

Employee Rights

Anyone who applies for a job, or a promoted position in a company they already work for, cannot be denied employment solely for an arrest or conviction that has been expunged under law. This is unlawful of an employer to do, and they can be subjected to several penalties if reported or caught. Such violations are categorized as Class C infractions and can result in a contempt order by the courts, or even injunctive relief.

An employer can, however, ask an applicant if they have ever been arrested or convicted of a crime that has not been legally expunged. This will let the employer know if the job applicant is a habitual offender or criminal. They cannot, however, inquire about expunged records, nor ask directly if the employee has ever had a conviction or arrest expunged. Again, these are legal infractions that have major consequences.

So how do employers meet the standard of care in hiring suitable and safe employees if they might not be able to see all of a person’s criminal history? The answer is not so simple. If something were to happen, and an employer is confronted for negligent hiring, they can submit the individual’s order of expungement as evidence in support of their innocence. Also, extreme and serious crimes cannot be expunged, so employers never have to feat that they may be hiring an ex-murderer, sex offender, or rapist.

Expungement in Indiana

Call Expunge Criminal Record Indiana at 317-636-7514 for more information about criminal record expungement in Indiana. We are licensed attorneys with decades of trial and litigation experience, and now, we are extensively well-versed in the new Indiana expungement laws and processes. We can represent you on your journey to concealing past criminal arrest records, starting today! Call 317-636-7514 and schedule a consultation for criminal record expungement in Indianapolis, IN today.

How to Seal Court Records for Minors

Posted on June 11, 2014 by admin

Kids are known to make mistakes. Now under a new expungement law in Indiana, minors with criminal records can get a fresh start by sealing their juvenile court histories. They can legally file a petition to the courts, requesting criminal record expungement of their past criminal convictions. If they are granted expungement, they can start right away by hiring an attorney that specializes in this new law.

Juvenile Criminal Expungement

When a person expunges their past criminal and court records, they can legally tell potential employers, landlords, licensing agencies, and more that they have never been arrested or convicted of a crime. However, there are several stipulations and perquisites for a person to qualify for expungement. To determine if someone is eligible for criminal expungement, it is best to consult a licensed attorney who is well-versed in this area of law. They can inform you of all the steps and procedures involved in filing for record expungement, and can facilitate all of the proper requirements and obligations accurately. Having a lawyer on your side is vital in order to be approved for expungement because, under law, a person has only one chance in their lifetime to file for expungement. If one document or paperwork is filed incorrectly, a person loses their opportunity to expunge their court records.

Here are the general eligibility guidelines, subject to vary depending on individual circumstances and convictions, for juvenile record expungement:

1. Age – Must Be 18 Years Old or Older

2. Time Passed – Must Be At Least 5 Years Since Date of Minor’s Conviction

3. Type of Offense – Serious Convictions Cannot Be Expunged (i.e. crimes that would be felony offenses in adult court)

4. Subsequent Crimes – Petitions Will Be Denied if Succeeding Adult Convictions Exist

In order to file for juvenile expungement, a person must meet all of the above criteria, then follow these steps:

1. Hire a Licensed Indianapolis Attorney
2. File a Petition to the Juvenile Court Clerk in the County of Conviction or Arrest
3. Pay a Court Filing Fee

Indiana Expungement Services for Juveniles and Adults

Call 317-636-7514 for juvenile expungement services in Indianapolis, Indiana. We are extensively well-versed in the new criminal record expungement laws, and can assist you in accurate and precise filing services. If you were arrested or convicted of a crime in your adolescent years, you may be eligible for expungement. Call us today at 317-636-7514 and schedule a free initial consultation for us to assess your eligibility for criminal record expungement in Indiana.