What Happens to My Criminal Record if the Prosecutor Didn’t File Charges?

In some cases of arrests, the state prosecution might decide to not file charges against a defendant. This decision might come for a number of reasons, from mistaken identity and false accusations, to lack of evidence and actual innocence. Whatever the reason your appointed prosecutor decided to not file criminal charges against you, you might still be filled with a list of questions, mostly concerns for your reputation and future.

Continue reading to learn what your criminal record might look like after being arrested, and ultimately, having no charges filed against you.

Indiana Criminal Record Expungement Law Firm
Indiana Criminal Record Expungement Law Firm 317-636-7514

Arrest Records

An arrest record is just a part of your overall criminal record. This means that even if criminal charges were never filed against you, your criminal record will still show the event of arrest. Of course, it will also show that no charges were ultimately filed. The arrest will be detailed as a “detention”, meaning a hold in custody followed by a release. It will also detail the type of charges you were arrested on, such as drug possession, drunk driving, theft, or assault.

Most people feel very lucky when prosecution does not file charges against them, but this swift wind of luck is not enough to put your mind at ease. Your personal record, available to the entire public, will show that you were arrested on particular charges. Friends, dates, employers, school admittance offices, and more, can all view your public criminal record. Even though you were not charged for the crime you were detained for, the mark on your record can still cause ripples in your life down the road.

What You Can Do

Even after prosecution does not file charges, there is still work to be done on your part. Although it is optional, you should take your legal journey a step further to ensure your reputation is protected down the line. You can do this by looking into your state’s expungement and record sealing laws. You may qualify to have the arrest record hidden or eliminated from your public criminal history. If you are a Hoosier, talk to a seasoned Indianapolis criminal defense lawyer who specializes in Indiana criminal record expungement to learn when you will be eligible.

A Criminal Record Expungement Lawyer You Can Trust

Criminal Record Expungement 317-636-7514

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.

Things an Employer Cannot Ask You

If you are applying for a job, there are several types of information an employer can legally ask you to disclose. In contrast, there are also several questions they cannot ask you. Continue reading to learn what a potential employer cannot ask you on a job application nor in an interview.

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 317-636-7514

When you are looking for a new job, you can expect a potential employer to ask you questions. In fact, they are sure to ask about all kinds of information pertaining to your vocational and educational history, including references, criminal records, and even credit reports. Employers are also perfectly within their legal right to ask applicants about their job skills, and can even have them take certain tests to assess their job aptitude.

What They CANNOT Ask About

Although employers can ask a lot of questions about you, there are some topics that are off limits; primarily, those that discriminate. Below are a list of topics that are considered discriminatory. The exception to this rule is legality. If there is a legal reason that justifies asking a particular question, then it is permitted. Otherwise, you can politely pass on answering it on a job application or in an interview.

National Origin
Sexual Orientation
Gender Identity
Marital Status
Public/Governmental Benefits

Criminal Records and Expungement

Since employers are allowed to inquire about an applicant’s criminal history, many people with criminal records are reluctant or hesitant to apply for a job. Certain types of criminal records can hold applicants back from getting professional licenses, promotions, or even entry level positions paid by the hour. This can affect a person for the rest of their life, and hold them back from a world of vocational opportunities.

Fortunately, some may quality for criminal record expungement or sealing, which can greatly improve a person’s employment potential. A person may quality to either expunge or seal their records. The difference between the two are complex, so it is important to discuss your eligibility with a licensed Indianapolis expungement lawyer who is well-versed in the Indiana expungement laws.

Furthermore, the petition process is rigorous, and requires astute implementation that only a lawyer can provide. You only get to petition for expungement one time in your life, and just one mistake on your application can take it all back in an instant. You need a licensed attorney to ensure your petition is implemented without a hitch.

Expunge Criminal Records in Indiana

Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514

Call 317-636-7514 to expunge criminal records in Indiana. We offer criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the new 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.

Documents That May Be Required With Your Petition for Expungement

In Indiana, you can petition to have your past criminal and arrest records concealed from the general public. In order for a person to be granted criminal record expungement, they must meet a strict and tedious set of standards, which vary from state to state. They must also retain assistance from a licensed attorney who is well-versed in the Indiana expungement laws because the petition process is quite complex. Furthermore, an individual can only file for expungement once in their lifetime; a single spelling error can have their petition denied with no chance of reapplying.

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 317-636-7514

The Criminal Record Expungement Process

The criminal record expungement process is a long and complicated one, but it all starts with a filed petition. When filing a petition for expungement, you will need to consult with your attorney to determine which documents you will need to complete the application and subsequent paperwork. The required documents that must be submitted along with an expungement petition will vary from state to state.

However, the most common documents needed include a Certificate of Eligibility from your state’s probation department, acceptance of service, consent and waiver of hearing, prosecutor and victim statements, victim checklist, petitioner’s reply, and findings of fact and conclusions of law. Your Indianapolis expungement lawyer can help you locate and organize these documents as needed in order to successfully turn in your petition.

What Happens to These Documents?

While filing a petition for expungement, you will have to work with your state’s probation department, who will then create a report for the courts to use for assessing your eligibility. This report will showcase your personal record since your legal incident, and reveal whether or not you have experienced additional trouble with the law. During this same time, it is possible for a prosecutor to challenge the petition and file an objection with the courts prior to your hearing.

Where to Get Started With Your Expungement

Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514

Call 317-636-7514 if you have 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, today.

Here’s a Fun Acronym to Help Clear Your Arrest Records!

A new law regarding criminal record expungement has recently been passed in Indiana. This means certain people now qualify to have their criminal records eliminated from public records. It is Indiana’s first comprehensive criminal record expungement law. This is a significant opportunity that will open numerous doors for anyone previously arrested, charged, or convicted of misdemeanor and felony infractions. Peace of mind, employment opportunities, housing options, loans, and a clean record are just a few examples of how the new expungement law can help people with criminal records. Below is a fun acronym that will help you learn, understand, and get started in the criminal record expungement process in your town!

Seal Your Criminal Records 317-636-7514

Seal Your Criminal Records 317-636-7514


E – Eligibility. You must learn your eligibility for criminal record expungement. Unfortunately, not everyone qualifies.

X – Xerox. After you expunge criminal records, it’s time to get your job application Xeroxed and ready because you will have more employment opportunities available to you!

P – Public Record. Your criminal history will be sealed or hidden from the public. People, employers, and banks will not have access to your past arrest records.

U – Undue Hardship. You will not have to face the undue hardship that comes with having a criminal record. Sealing or expunging your criminal history will make life easier.

N – New Indiana Law. The criminal record expungement law is relatively new still. It might not last forever. So be sure to take advantage of it while you still can!

G – Government. Governmental entities will be the only ones who can access your expunged or sealed criminal records. The rest of the general public will not have access at all.

E – Embarrassment. By sealing or expunging your criminal records, you no longer have to hold on to the shame of having a criminal past. It makes first dates much easier too!

M – Misdemeanors. Misdemeanor and felony arrest records can be sealed or expunged so long as they meet the prerequisites for eligibility.

E – Earn. You will earn the right to several privileges you did not have before. Student loans, mortgages, employment opportunities, promotions, housing, and more are just a few to name.

N – Negation. Once your criminal records are officially expunged or sealed, you can legally deny them on job applications and more. It is not lying!

T – Teens. Teenagers and minors have record expungement options too. Just be sure to talk with a seasoned Indianapolis criminal record expungement lawyer to learn everything you need to know.

Indianapolis Expungement Lawyer

Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn your eligibility for Indiana criminal record expungement and restricted access. Our criminal defense law firm offers free initial consultations to do just that! That means no out-of-pocket charges to see if you qualify! And rates start as low as $850 of those who do! Call 317-636-7514 to schedule your consultation for criminal record expungement, today.

Will My Misdemeanor Show Up on a Background Check?

If you are preparing for a job interview, or perhaps even a blind date, you might want to know what your background check would reveal if one is performed on you!

Seal Criminal Records 317-636-7514

Seal Your Criminal Records 317-636-7514

It is mostly common knowledge that any standard background check will reveal a felony conviction or criminal charge. However, people question whether or not less serious convictions, such as misdemeanors, are reported on background scans. A misdemeanor conviction is less serious than a felony, however, it is still a criminal conviction nonetheless. This means you are considered a past offender, or criminal, as a result of the misdemeanor conviction. For this reason, you can almost guarantee that your misdemeanor will appear on your background check. Continue reading to learn more.

Misdemeanor Convictions

There are several types of misdemeanor crimes, with the most common being petty theft, drug possession, intoxicated driving, public intoxication, disorderly or lewd conduct, and vandalism. These convictions usually come with minor to moderate legal penalties that are mandatory, including jail time, probation, routine drug testing, fines, suspended drivers’ license, community service, drug and alcohol education, rehabilitation, house arrest, and more.

The consequences of a misdemeanor conviction are much less severe than those of a felony conviction, however, misdemeanors and felonies do have one thing in common: they stay on your criminal record for life. So if a person runs a background check on you, they are likely to receive information about any criminal convictions you have on your record, misdemeanors or felonies. However, some background check systems are not as thorough, so it may not show up at all depending on the level of scan they perform.

For instance, because most misdemeanors are prosecuted at county levels, a person running a state background will only find misdemeanors committed in the same state or county. If you have a misdemeanor on your criminal record in another state, it might not show up on a background report. On the other hand, if they were to run a federal level background check, or a more comprehensive check, they may be able to find your misdemeanor conviction or charge.

Seal Misdemeanors and Other Public Criminal Records

Criminal Record Expungement 317-636-7514

Criminal Record Expungement 317-636-7514

It is important to always assume that your criminal records will appear on all background checks. Fortunately, in Indiana, there is a new law that allows past offenders to seal their public criminal records if they qualify. And misdemeanors are easier to seal so long as a person meets all other qualifications! In order to expunge a misdemeanor, you must file your petition properly. One mistake, even a tiny spelling error, can erase your opportunity for the rest of your life. For this reason, you need a professional Indianapolis expungement lawyer to help you file your application and meet all your state requirements and deadlines.

Call 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indianapolis. 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!

Can I Expunge a Conviction if I Was a Minor Tried as an Adult?

Criminal Record Expungement Attorneys 317-636-7514

Criminal Record Expungement 317-636-7514

There are several options for those who wish to seal or expunge criminal records, so long as they meet the prerequisites for eligibility. As for those who were arrested as minors but tried as adults, the options are not much different. To get the answer to this question in regards to your specific case, you must start with the eligibility requirements for both criminal record expungement and criminal record sealing in Indiana. From there, you can move forward with a better understanding of your personal qualifications, how the process works, and where to get started. Continue reading to learn more about expunging or sealing criminal records as a person who was arrested as a minor but tried as an adult.

Criminal Record Expungement

Indiana Code § 35-38-5-1

The eligibility requirements for criminal record expungement in Indiana are very strict. Not many people qualify to have their criminal records expunged. That is because in order to be eligible, you must have never actually been charged with a crime, or the charges were later dropped. More specifically, one of the following statements must be true about your arrest:

You were never officially charged with a crime;


Your charges were later dropped because:

Ⅰ. Your identity was mistaken;
Ⅱ. You did not in fact commit the crime;
Ⅲ. There was no probable cause to believe you committed the crime.

Criminal Record Sealing

Indiana Code § 35-38-5-5.5

If you do not qualify for expungement, you may qualify to seal your criminal records, which is also known as “restricted access.” If you were arrested but never charged with a crime, charged but you were later acquitted of all charges, or you were convicted and your conviction as later vacated, you could qualify for restricted access in Indiana.

If you were charged and convicted of a misdemeanors or Level 6 Felony, and you have completed all court orders, you may be able to petition for restricted access if all the following are true about your crime:

Ⅰ. Your crime did not cause bodily harm;
Ⅱ. Your crime was not a sex offense;
Ⅲ. Your crime was committed over 8 years ago;
Ⅳ. You do not have any new criminal convictions.

Trust in Criminal Defense

It is important to discuss your criminal record concerns with a licensed criminal defense attorney who can provide accurate information and guidance specific to your unique case. In the meantime, learn as much as you can about criminal record expungement and criminal record sealing for better understanding of the legal process.

Indianapolis Expungement Lawyer

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 317-636-7514

Call Indiana Expungement at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indianapolis. 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! We are eager to help you reform your criminal records so that you can have the life you deserve. Call 317-636-7514 to schedule an appointment with a licensed Indianapolis expungement attorney, today.

Indiana Time Limits for Certain Expunctions

Before the new expungement laws in Indiana, anyone convicted of a crime or arrested had to live with their brief mistake for the rest of their lives. To their dying day, an arrest or infraction would remain on their permanent criminal record. But those days are over for many. Now anyone who qualifies can seal or expunge criminal records in Indiana. It is strongly suggested to hire a defense attorney well-versed and experienced in criminal record expungement law and procedures. They can navigate your expunction request and properly file all the necessary paperwork on time.

One mistake in the expungement filing process can eliminate your chance to file every again. You only get one opportunity at filing for criminal record expungement, so be sure to trust a professional for accurate filing and delivery. There are several qualifications for record sealing and expungement, but the most important and commonly asked about is time limits. Continue reading to learn the Indiana time limits for criminal record expunction and record sealing.

Time Qualifications for Record Expungement

You must wait for a certain amount of time from the date of arrest before being eligible to petition for criminal record expungement. The amount of time you must wait largely depends on your criminal history and the convictions you have. They are as follows:

Dismissed Cases = 1 Year
Cases w/No Conviction = 1 Year
Misdemeanor Convictions = 5 Years
Level D Felony Convictions = 8 Years
Other Felony Convictions = 8 Years, or 3 Years from Sentencing Completion Date
Serious Felony Convictions = 10 Years, or 5 Years from Sentencing Completion Date

Completed sentencing dates are the dates that a person was released from jail, parole, or probation (whichever is most recent), having completed all their court-ordered sentencing agreements. Keep in mind that sex offenses and murder/homicide are not eligible for expungement ever. Aside from time, other prerequisites include having no other infractions, arrests, or convictions since the last, all court costs and probation fees must be paid off, and more. Consult an expungement lawyer for details about these prerequisites and eligibility guidelines.

David E. Lewis – Indianapolis Expungement Lawyer

Call 317-636-7514 for criminal record expungement services starting as low as $850 in Indianapolis, Indiana. We are extensively well-versed in Indiana’s criminal expunction laws and has already helped numerous clients seal or expunge their criminal records. Call 317-636-7514 for a free case evaluation to assess your eligibility for criminal expungement in Indiana.