Clarification of Indiana Adult Criminal Record Expungement

Any person with a criminal record can expect a few road blocks along the way. This is especially pertinent when it comes to applying for a job or renting a home. Landlords, supervisors, and managers commonly inquire about criminal histories to better understand the candidate and their ability to perform well on the job or care for a home.

If a person has a criminal record, past convictions, or arrests on their personal and public record, getting hired or approved for a rental is difficult and almost improbable. Fortunately, a new law has passed allowing past convicts or persons with criminal histories, to seal their adult criminal records from agencies and organization such as these. Continue reading to learn more about expunging adult criminal records and how to get started in your home town.

What Does it Mean to Seal a Person’s Criminal Records?

Criminal record expungement refers to the process in which a person hides or seals their past criminal convictions and arrests from public access. This means if a landlord or potential employer asks if you’ve been arrested and convicted of a crime, you can legally say no. There are several details and stipulations that are involved with the expungement process; which is why a lawyer is highly recommended. Not everyone is eligible for expungement so it is important to outsource professional legal assistance to facilitate the process exactly the way it should. If a person qualifies for expungement but makes a single mistake during the filing process, they lose out on dealing their records and cannot ever file again. You only get one chance to seal adult criminal records.

Eligibility Requirements for Record Expungement

When it comes to criminal record expungement, there are rules and requirements that a person must have. For example, depending on the type of charges, a person must wait at least five years from the date of conviction to even think about filing for record expungement. For more serious crimes, a person must wait at least 8 to 10 years from the date of arrest. Also, not all records are eligible for expungement; such as kidnapping, rape, murder, etc. It is important to hire a qualified and licensed attorney that specializes in criminal record expungement services. Because this law is new, there are many novice expungement services available; but be sure to choose a reputable law firm that genuinely understands the law and everything it entails.

Indiana Expungement Services

Call 317-636-7514 for more information about adult criminal record expungement in Indiana. Our licensed criminal defense team retains all current industry knowledge and requirements for criminal expungement and record sealing in Indiana. We can help you determine your eligibility right now! We offer free consultations, advice, useful addresses and court phone numbers, and services start as low as $850! If you wish to learn more about expunging criminal records in Indianapolis, call 317-636-7514 and get started on a path to the fresh beginning you rightfully deserve.

How to Seal Court Records for Minors

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.

Employer’s Ability to Perform Background Checks is Currently Limited Under a New Indiana Law

A new Indiana law, most recently in affect, further restricts business owners and employer’s rights to file for a background check on any potential hire. Not only can criminal records be restricted from companies, full identity pictures may also be blocked as well. This new law is in fact an addendum to the ruling passed nearly two years ago; allowing people to expunge crimes from personal records so long as they qualify. In order to qualify, an applicant must meet all of the eligibility requirements lined out by Indiana legislatures. Continue reading to learn more about this criminal record expungement topic and its related issues in Indiana.

Restricted Access to Convictions Law

The Restricted Access to Convictions Law was ratified in July 1, 2011. Under certain conditions, it gave ex-convicts an opportunity to restrict criminal convictions from their personal record; and still does. This law allowed any person with a misdemeanor or Class D felony to legally petition to the courts to have their past crimes erased from their criminal records. The missed factor was that this ordinance only applied to public agencies and databases, not private or commercial ones.

The idea behind introducing the law was to give people with past minor offenses a second chance at securing better jobs, incomes, and benefits. Because of the minor loophole, this new addendum has been introduced to further restrict employers’ access to criminal records in all databases.

Employer Restrictions Addendum and Related Violation Infractions

If a person has their criminal records expunged, the new law permits them to deny any past criminal offenses on job applications and interviews. These same employers will not be able to locate any criminal history on an applicant’s personal record either, under the new law. In fact, it is a Class B infraction for any employer to ask an applicant if their criminal history has been sealed or expunged from their record. Violations of this rule can result in fines reaching or exceeding 1,000 dollars.

It is a Class C infraction for any employer or company to deny or discriminate against people that have had their past criminal convictions expunged from their personal record. Any employer or person in violation of this rule can be held in contempt of court; and may also be sentenced to provide some kind of non-monetary restitution, or injunction.

Under the new law, in effect as of July 2013, criminal history providers are required to change, update, and correct their databases accordingly, to reflect recent expungements. They cannot release non-conviction information as well. Penalties for such infractions include: liquidated and statutory damages, attorneys’ fees, court costs, and more.

Criminal Expungement Information in Indiana

Call 317-636-7514 for accurate updates and information surrounding the new criminal expungement addendum’s in Indiana. We are highly knowledgeable and practiced criminal attorneys with a strong focus on Indiana Criminal Expungement. We are the lawyers to trust for dependable and professional advice regarding you or your loved one’s criminal record. For expungement services and inquires in Indiana, call 317-636-7514 and schedule your first free consultation with a licensed and reputable attorney today.