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.

Do Not Miss Your Chance to Clean Up Your Criminal Record This Year!

Posted on January 14, 2019 by admin

The new Indiana Second Chance law surrounding criminal record expungement is not so “new” anymore. And many powerful heads have not been very happy with the law being in effect. These factors, combined with various others to lengthy to mention, are the reasons why this year is the right year to get started on cleaning up your record.

We just don’t know if or when this law will be repealed, and your chances at a better quality of life are gone forever. And for this reason, 2019 is your time to make a change and take advantage of this criminal record sealing law. Scroll down to learn more.

Criminal Record Expungement Attorney 317-636-7514

Why You Need to Act in 2019

As mentioned, when the new Indiana Second Chance laws came into effect, there were (and still are) several large groups and organizations against them. Since the induction of the Indiana Second Chance laws, there have been many attempts to have the laws repealed. There is a very good chance that this law does not make it to 2020. This circumstance makes it risky to wait on getting started on your expungement or record sealing process. Best of all, if you get started on your criminal record expungement or sealing petition now, you can be free of the stress of having a public criminal record by the end of the year!

Benefits of a Clean Criminal Record

Numerous benefits come with expunging a criminal record in Indiana. Once a person has hired our seasoned attorneys to get their criminal records removed, they can expect certain rights to be restored to them; as well as, employment benefits, personal achievement, emotional reward, and much more. This new law will open up job opportunities and get more people back to work, repair driving records, eliminate the potential for lost job opportunities, let people feel better about themselves and their past, avoid public embarrassment, and so much more.

What You Need to Know

Before you can reap the numerous benefits of criminal record expungement and sealing, you must be eligible first. There are several variables that determine who qualifies to get their record expunged in Indiana. Misdemeanors, class D felonies, arrest records, and more can all potentially be eliminated from a person’s criminal history. The first prerequisite for expungement eligibility is the type of conviction or charge a person was sentenced with; meaning either a misdemeanor, felony dropped to a misdemeanor, or felony.

The second factor is time. Depending on the charge, there are rules on how many years a person must wait to expunge their record. For details on the legalities surrounding criminal expungement in Indiana, you must contact a licensed Indianapolis criminal defense law firm that is well-versed and experienced in the new Indiana Second Chance Laws.

Where to Get Started

Call 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.

The Cold Hard Truth About Indiana’s Second Chance Law

Posted on July 23, 2018 by admin

If you have an old criminal record wreaking havoc on your adult life, it could be time to consider having your criminal records sealed or expunged. Indiana’s Second Chance laws may allow you this opportunity, but there are some critical facts about the process you need to know before you get started.

Continue reading to learn the hard truth about criminal record expungement, and who to trust for professional legal advice and assistance.

Criminal Record Expungement Attorney 317-636-7514

The Indiana criminal record expungement law, also known as Indiana’s Second Chance Law, officially took effect on July 1st of 2013. This law now allows past offenders to petition for misdemeanors and Class D Felonies to be expunged or restricted from their personal records. This means employers, banks, landlords, and the general public would be unable to access and view criminal histories through standard background checks. Criminal record expungement laws have the potential to change lives for people who have had trouble pursing their goals due to their criminal backgrounds.

Harsh Realities of the Expungement Process

The petition process is so complex and rigorous, it is strongly encouraged to hire a lawyer or legal service to assist you with the process. There are some cold, hard truths that will convince you that legal assistance is necessary when filing for expungement. They are as follows:

☑ Demanding Qualifications:

There are several stipulations, restrictions, and prerequisites that mandate whether or not a person qualifies for expungement. Primarily, in order to qualify for criminal record expungement, a predetermined amount of time must pass since the charges were incurred. But more importantly, a record can only be expunged if:

▣ The charges were later dropped because a judge determined no crime was committed.
▣ The charges were later dropped because there was no probable cause.
▣ The arrest never lead to criminal charges.

☑ Complicated Forms and Strict Deadlines:

The process of filling out paperwork correctly, sending documents to the right departments, adhering to all required deadlines, and more, is very confusing for anyone who is not well-versed in law. Worst of all, you can only petition for expungement one time in your life; so just one tiny error can have your petition rejected, forever. Errors like misspelled words, skipped lines, insufficient information, and missed deadlines are common causes for a denied expungement petition.

☑ A Once in a Lifetime Opportunity:

Not only do you get only one try at turning in an application for expungement, the law is not guaranteed to stick around. Many interest groups were against this law being passed in the first place, so it could be repealed at any time. This possibility makes this law a once in a lifetime chance to clear your criminal history and get better job and housing opportunities for your family. Take action fast before this law goes away. It is a very unpopular law and can be repealed any day now.

What You Need to Do

Criminal Record Expungement 317-636-7514

For these reasons and more, it is vital to discuss your case with a licensed Indianapolis criminal defense expungement lawyer who can ensure your petition goes through without a hitch. Attorney David E. Lewis is an experienced criminal defense attorney that is well-versed in all Indiana expungement and sealing laws, and his services start as low as $850! Call 317-636-7514 to schedule a free initial consultation, today.

Discussing Indiana’s Second Chance Law

Posted on November 8, 2016 by admin

The laws surrounding criminal record expungement in Indiana have recently changed. These changes took place on July 1, 2015, and renamed “The Second Chance Law” (I.C. 53-38-9). Before these revisions, anyone who was arrested or charged with a crime had to live with a permanent criminal record for the rest of their lives. But now, a person can have their criminal records expunged if they qualify.

But filing for criminal record expungement is not an easy task. The process is complex and tedious, varies from state to state, and requires a long list of perquisites in order to even qualify. This is why you need a criminal defense lawyer. They will be able to tell you whether or not you are eligible, and for assist you with the filing process. Just one mistake or written error will get your application denied, and you can only file for expungement once in your life. A lawyer will ensure that mistakes don’t happen.

Criminal Record Expungement

In order to qualify for criminal record expungement, a pre-set amount of time must pass since the charges were incurred. But more importantly, a record can only be expunged if:

1. The charges were later dropped because a judge determined no crime was committed;
2. The charges were later dropped because there was no probable cause;
3. The arrest never lead to criminal charges.

Additional Factors

Other factors that influence your eligibility for expungement includes their past criminal record, whether or not they complete and obeyed all court orders, and the amount of time since your last arrest. It is highly unlikely to get a major felony or violent crime expunged from your record, such as arson, sex offenses, carjacking, and more. There are several qualifications and requirements needed to apply for criminal record expungement, so it is important to learn these limits from a trusted and experienced criminal defense attorney.

Indianapolis Expungement Lawyers

Call 317-636-7514 to schedule a free initial consultation with an experienced and knowledgeable criminal record expungement attorney, today. Our law firm works hard to ensure all arrangements and procedures are implemented with utmost exactitude and care. If you have questions about Indiana expungement laws and procedures, we are happy to answer them free of charge! Call 317-636-7514 to speak with Indianapolis expungement lawyers you can trust.

Expunge Criminal Record Indiana

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