Indiana’s Criteria for Criminal Record Expungement

Posted on May 14, 2024 by admin

Navigating life with a criminal record can feel like an uphill battle. It complicates job searches, housing applications, and even personal relationships. Fortunately, Indiana offers a way to mitigate these issues through the expungement process. Expungement allows individuals to seal or eliminate certain criminal records, offering a fresh start and a chance to move forward without the shadow of past mistakes.

In this comprehensive guide, we’ll delve into Indiana’s expungement laws, eligibility criteria, and the steps necessary to clear your criminal record. Whether you’re an Indiana resident, a job seeker, or someone with a criminal past looking to rebuild your life, this post will provide you with valuable insights and actionable steps.

Call 317-636-7514 to Request an Expungement Eligibility Check in Indianapolis Indiana

Understanding Indiana’s Expungement Laws

Indiana has specific criteria that determine whether an individual is eligible for criminal record expungement.

Eligibility Criteria

Type of Offense: Some offenses are eligible for expungement, while others are not. Generally, non-violent misdemeanors and certain low-level felonies can be expunged. Serious felonies, violent crimes, and sex offenses are typically excluded.
Completion of Sentence: To qualify for expungement, you must have completed your sentence, including probation, parole, and any court-ordered programs.
Waiting Periods: Indiana law imposes different waiting periods based on the severity of the offense. For example, misdemeanors may have a waiting period of five years, while certain felonies may require up to ten years before you can petition for expungement.
No Pending Charges: You must not have any pending criminal charges to be eligible for expungement.

Types of Offenses

Expungable Offenses: Non-violent misdemeanors, certain Class D (Level 6) felonies, and juvenile offenses.
Non-Expungable Offenses: Serious felonies, violent crimes, sex offenses, and crimes involving public officials in their official capacity.

Waiting Periods

Misdemeanors: 5 years from the date of conviction.
Class D (Level 6) Felonies: 8 years from the date of conviction.
Higher-Level Felonies: 10 years from the date of conviction or 5 years from the completion of your sentence, whichever is later.

Steps to Expunge a Criminal Record in Indiana

Gather Necessary Forms: Start by obtaining the required forms for expungement from the Indiana Judicial Branch website or your local court.
Complete the Forms – Fill out the forms accurately. You’ll need to include details about your convictions, sentences, and any other relevant information.
Submit the Petition – File the completed petition with the court where your conviction occurred.

Required Documentation

Certified Court Records: Copies of your criminal records and court documents related to your case.
Proof of Sentence Completion: Documentation showing you’ve completed all terms of your sentence.
Personal Statement: A statement explaining why you believe your record should be expunged.

Importance of a Criminal Defense Lawyer

Hiring a criminal defense lawyer who specializes in expungement can significantly improve your chances of a successful petition. A lawyer can help you navigate the complexities of the legal system, ensure all paperwork is correctly filed, and represent you in any required court hearings.

Benefits of Criminal Record Expungement

Improved Job Prospects: Employers often conduct background checks, and a clean record can open doors to better job opportunities.
Housing Opportunities: Landlords are more likely to approve rental applications when a criminal record is expunged.
School Admission: Educational institutions may consider expunged records when evaluating applicants.
Dating Success: Personal relationships can be affected by a criminal record; expungement helps improve trust and acceptance in the dating world.
Loan Eligibility: Financial institutions are more likely to approve loans for individuals without a criminal history.

Challenges and Considerations

Financial Cost: The expungement process can be costly, including filing fees and attorney fees.
Time-Consuming: Collecting documentation, filing petitions, and waiting for court decisions can take several months.

Final Takeaway

Criminal record expungement in Indiana provides a valuable opportunity for individuals to break free from the constraints of their past. Understanding the eligibility criteria, navigating the legal process, and seeking professional help can make a significant difference in achieving a successful expungement.

If you or someone you know could benefit from expungement, now is the time to take action. Consult with a criminal defense lawyer, gather your documentation, and initiate the process to reclaim your future.

Don’t let your past define your future. Take the first step towards a fresh start 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.

Starting Fresh: 4 Steps to Clean Up Your Criminal History as a Hoosier

Posted on March 25, 2024 by admin

For many people, the past isn’t just a memory—it’s a record. A criminal history can have a lasting impact on an individual’s life, affecting everything from job prospects to housing opportunities. Fortunately, the state of Indiana offers a pathway to a fresh start through the expungement and record sealing process. If you’re a Hoosier looking to turn the page on your past, this comprehensive guide is designed to walk you through the necessary steps to clear your criminal record and gain a new lease on life.

Call 317-636-7514 for Indiana Expungement Assistance - Starting at $850! — Call 317-636-7514 for Indiana Expungement Assistance – Starting at $850!

Indiana’s Second Chance Law at a Glance

In Indiana, the fairly-new criminal record expungement and record sealing laws, also known as Indiana’s Second Chance Laws, allows for limited access to certain criminal records by the public. Record sealing, on the other hand, makes it illegal to disclose sealed records to anyone, including most potential employers or landlords. For many, this legal remedy represents the potential for redemption, a second chance to redefine their narrative.

Removing or sealing past convictions can significantly improve your life. It can make it easier to find employment, secure housing, and participate fully in civic life. Studies have shown that expungement is linked to reduced recidivism rates, suggesting that people with clean records are less likely to re-offend.

How to Start Fresh With Criminal Record Expungement

Step 1: Hiring a Lawyer

While it is possible to file for expungement without legal representation, enlisting the help of a skilled criminal defense lawyer is highly recommended. An expungement attorney experienced in Indiana’s Second Chance Law will not only handle the entire process for you, but also provide invaluable support and advice.

Navigating Legal Loopholes

The expertise of a knowledgeable attorney can be essential in navigating the legal system. They can help ensure that you understand your rights, provide personalized advice based on your unique situation, and increase the likelihood of a successful expungement.

Choosing a Lawyer

When selecting a lawyer, look for one with a track record of successful expungement cases. Schedule consultations with several attorneys to discuss your case and determine who can offer the best representation. Remember to ask about their fees and payment plans, as cost can vary significantly.

The following steps are steps that your criminal record expungement lawyer will handle for you on your behalf. If you are planning to manage the petitioning process yourself, these next steps are the steps you will need to take.

Step 2: Assessing Eligibility

Not all criminal records are eligible for expungement. The Indiana legal system has specific criteria that individuals must meet to qualify for record clearing. Understanding these requirements is the critical second step to the expungement process.

Who Qualifies for Expungement?

In Indiana, individuals may be eligible for expungement if:

They have completed their sentence, including any probation or parole
A certain number of years have passed since the conviction, depending on the offense
They have no pending charges

Navigating the Criteria

The details of your case, such as the nature of the offense and your criminal history, will determine your eligibility. Work with your attorney to assess whether you meet the state’s criteria for expungement.

Step 3: Gathering Necessary Documentation

The road to expungement is paved with paperwork. You will need to gather a range of documents to support your expungement petition, such as court records, sentencing documents, and a criminal background check.

Document-Savvy Preparation

The key to a successful expungement petition is thorough and organized documentation. Be proactive in getting the paperwork you need, and be prepared to provide evidence of your rehabilitation since your conviction.

What You Need to Collect:

Certified copies of all court cases you wish to expunge
Records of any probation, parole, or other supervision
A report from the Indiana State Police that provides a criminal history background check

Accurately Organizing Records

Accurately organize and present these records to your attorney, who can help ensure that you have everything you need to present a compelling expungement case.

Step 4: Filing the Petition

Once you’ve determined your eligibility and collected the necessary documentation, it is time to officially file your expungement petition. This is a formal legal process that must be completed with care and attention to detail.

The Petitioning Process

Work with your attorney to draft and file the petition. They can ensure that your petition meets all legal requirements and that it is filed in a timely manner. Your expungement petition should be filed with the court where you were convicted. It will include a description of your case, the charges you are seeking to expunge, and the reasons why you believe you should be granted an expungement.

What to Expect

The court will review your petition, and you may be required to attend a hearing. At the hearing, you will have the opportunity to present your case for expungement. The court’s decision will be based on various factors, including the nature of the offense, your criminal history, and your post-conviction conduct.

Following Up and Moving Forward

Obtaining an expungement doesn’t mark the end of your story—it’s a new beginning. Now that your record is clear, it’s time to take full advantage of the opportunities available to you.

Post-Expungement Life

With a clean criminal record, you are free to pursue employment, education, and other aspects of your life without the burden of past convictions. Take advantage of community resources, support networks, and continuing legal counsel to help you thrive post-expungement.

Advocating for Awareness

Sharing your expungement story can be a powerful way to advocate for others seeking a fresh start. By speaking out about the process and its impact on your life, you can help raise awareness and encourage others to pursue expungement.

Conclusion

For those who have struggled with the weight of a criminal past, the expungement and record sealing processes present a beacon of hope, a chance to rewrite life’s next chapters in a positive light. By following the four steps outlined in this guide—hiring a lawyer, assessing eligibility, gathering documentation, and filing your petition—you can set the wheels in motion for a legal rebirth. Remember, the process may be extensive, but the rewards of a clear record are immeasurable.

Why Go Through With It?

Cleaning up your criminal history is both a personal and legal victory. It signifies an acceptance of responsibility for past actions and a commitment to a future free from the shadows of your past. If you are a Hoosier looking to reclaim your life from the tarnish of a criminal record, remember that the system is designed to help you. Empower yourself with knowledge, seek the assistance of legal experts, and take the proactive steps necessary to secure your right to a fresh start. After all, every individual is worth the opportunity to overcome and thrive, and Indiana’s Second Chance laws are the key to unlocking that potential.

You don’t have to be afraid of your future employer or loan officer running a background check on you anymore. Contact our licensed criminal defense lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Our fees start as low as $850, and initial consultations are free!

How Many Types of Background Checks Are There?

Posted on August 13, 2019 by admin

If you are currently interviewing for jobs or participating in a similar venture that might require someone to run a background check on you, you might be concerned about what people might find on your permanent record. For this reason, it is common for people to run a background check on themselves first. But how comprehensive are these background checks? How many do you have to do to find all the personal records that are available to the public?

Continue reading to learn about the different types of background check options open to public use for a better idea of where your records might show up. Want to clean up your personal record? We’ll discuss that too.

Criminal Record Expungement Attorney 317-636-7514

Background Checks

There are various types of background checks you can perform on an individual that lives in the United States. Some are free, while others require a fee that ranges in price depending on how deep you want to dig. You can choose to run a background check online, in person, or via postal mail.

The option you choose depends on how much information you want, and how much you are willing to pay. As for potential employers, they tend to use the more invasive background checks. Jobs that require professional licensing or involve children will perform even more aggressive scans.

Common Types of Background Checks:

Free Online Background Checks – There are endless websites that provide free background check scans, from government portals to private investigation offices, and everything in between. However, these scans are usually not very detailed, and may not provide a lot of information on criminal history.

Paid Background Checks – There are several paid background check providers to choose from, both online and in person. Costs depend on the service fee of the vendor, as well as, the level of information desired. The more detailed the scan, the more money it will cost.

Public Background Checks – Public background checks are generally very vague. You are not likely to find criminal history through a public check, but rather, domestic information like address, phone number, marital status, dependents, driving record, and similar civil facts.

Comprehensive Background Checks – Comprehensive background checks will give very detailed reports on criminal history, traffic offenses, civil information, and more. These are typically more expensive, as they provide a very thorough scan and report.

Specific Background Checks – There are various types of specific background checks that can be performed, in addition to the ones listed above. The most common include criminal history check, past employment verification, school verification, reference check, drug tests, sexual offender registry checks, credit background checks, social media/internet checks, driving record, professional license and certificate verification, and social security number tracing.

How to Clean Up Your Criminal Records in Indiana

Call Attorney David E. Lewis at 317-636-7514 to learn your eligibility for criminal record expungement in Indiana. We are eager to help you get the fresh start in life that you deserve! Our services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a consultation, today.

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.

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.

Types of Criminal and Arrest Records That Qualify for Expungement

Posted on November 19, 2018 by admin

If you have a criminal record, whether a conviction, a charge, or just an arrest or detainment, it is in your best interest to have such records removed or sealed from public access. Just be sure to ACT NOW before the Indiana Second Chance laws are no longer available. They are not popular among many, posing the risk of abolishment at any moment.

There are many types of records that can be expunged or sealed, depending on what you qualify for. Scroll down to review information about the most common types of criminal records expunged everyday.

Criminal Record Expungement Lawyer 317-636-7514

✔ Arrest Records (If No Conviction Resulted)

A father of two, who was arrested once in their college days for public intoxication in Indiana but never convicted, is now able to have that arrest cleared from their criminal record. This is a perfect example of how the new expungement law can help. A person arrested more than a year ago, but never convicted of a crime, can have that arrest removed from their criminal record with the help of our experienced criminal attorneys in Indianapolis.

✔ Misdemeanor Convictions (Including Class D Felonies Reduced to Misdemeanors)

Everyone made mistakes; especially when we were young. It is common for people to have insignificant misdemeanor convictions on their criminal records; such as operating a vehicle while intoxicated (OWI or DUI), shoplifting, check fraud, small narcotic possession charges, battery without injury, and more. Often times, these misdemeanor convictions can be removed from a person’s record with the help of a skilled attorney. Our knowledgeable attorneys can give you the details on how to get your record cleared of misdemeanors for good in Indiana.

✔ Class D Felony Convictions

If a class D felony was not reduced to a misdemeanor charge, a person may still have a chance to get it expunged from their criminal record in Indiana. Class D felonies such as theft, OWI/DUI with priors, intimidation, fraud, and drug possession, can all be cleared from a person’s criminal records so long as they meet all the eligibility requirements. For details about the Indiana expungement eligibility requirements, call our law office at 317-636-7514 today.

✔ Other Felonies

Other felonies, more serious than a class D felony, can be expunged from a criminal record. This does not include sex offenses, homicide, human trafficking, sex crimes, and more. Although there are more stringent requirements for this type of expungement case, a court may still rule in a person’s favor. This all depends on whether or not they meet the eligibility standards, their most recent criminal activity, and more. Call our law office for details about felony expungement in Indiana.

Hire a Lawyer Before You Apply

It is strongly recommended to discuss all of your questions and concerns surrounding criminal record expungement and sealing with a licensed Indianapolis criminal defense attorney who is well-versed and experienced in these laws. They can provide a personalized investigation and assessment of your case and determine whether or not you qualify. From there, they can assist with your petition process to ensure everything is filed properly. Just one simple error or missed deadline can deny you the second chance at petitioning, which is why having a professional do the work for you is so critical to your case.