FAQs About Sealing Criminal Records

Many people are still not aware that some states have adopted a new law that allows past criminal records to be sealed from public access. Depending on several factors, a person may be qualified to have certain criminal records, such as arrests or charges, hidden from the public. This means that employers, banks, landlords, and regular people cannot see these sealed records no matter how much they pay or how hard they look. The only groups that will still have access to sealed records are the courts, jails, and other governmental organizations. If you would like to know more about sealing criminal records, continue reading to review some answers to the questions most frequently asked.

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 317-636-7514

What is the Difference Between Sealing and Expunging Criminal Records?

Expungement is more complex, and very difficult to qualify for. Most often, those who were arrested and never charged, found innocent of the charges, or had charges dismissed, acquitted, and so forth, can have their records expunged. This means that the record no longer exists publically and they can legally say they have never been arrested, charged, or convicted of a crime. Sealing criminal records results in removing them from public records, but the same benefits generally apply.

How Do I Seal My Criminal Records?

You must petition for criminal record sealing by completing a complex series of paperwork, filing, deadlines, and more. Unfortunately, one simple error in any of these areas will result in a petition being denied. This is not good because a person can only petition once in their life for criminal record sealing. To get started, you will need to research your state’s laws and procedures for sealing criminal records. It is strongly encouraged to hire a criminal defense lawyer for assistance.

Do I Need a Lawyer to Seal Criminal Records?

You don’t have to have a lawyer by law, but it is strongly encouraged to hire one for assistance because the process and requirements are very stringent and complicated. One simple error, like a misspelled name, can get a petition denied instantly. An experienced criminal defense lawyer who is well-versed in the state’s new law can ensure your application and filing process go smoothly. They will make sure all paperwork is filed properly and on time.

When Can I Apply to Seal My Criminal Records?

Depending on your state’s particular laws, the time you must wait from the day of your conviction to the day you can apply will vary. In all cases, it must be at least 3 to 5 years since the date of the original charges. For more serious offenses, this time is increased. Talk to your trusted attorney to determine how long you have until you can qualify to apply for record sealing.

Who Can I Trust For Indiana Criminal Record Sealing Assistance?

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 about Indianapolis criminal record expungement, today.

What is the Difference Between Expunging and Sealing a Criminal Record?

To best understand the difference between sealing records and expunging records, it is helpful to review the common court hearing outcomes that follows an arrest. Keep in mind that an arrest is an actual encounter with police that results in going to jail, being issued an arrest warrant, or a receiving a mailed notice to appear in court. Courts can hand down several types of adjudications, including the well-known “guilty” or “not guilty.” But there is more to court adjudication than the black or white “guilty” or “not-guilty” decrees.

Criminal Record Expungement Attorney 317-636-7514

Criminal Record Expungement Attorney 317-636-7514

When a person is arrested, the courts will find the defendant one of the following:

No Information – No Bill

This means that the state received the arrest report but decided to not file charges. This is colloquially-referred to as a case being dropped.

Nolle Prosequi – Nol Pross

These Latin terms mean “to not prosecute”, describe a ruling in which the state filed formal charges, but then decides to drop the charges for whatever reason.

Dismissed or Acquitted

This is another ruling in which a case is essentially dropped. It occurs when a legal argument is presented by a lawyer to the courts that convince them or mandates them to dismiss the defendant’s case and/or charges.

Guilty – Convicted

This verdict occurs when a court or jury finds a defendant guilty and convicts them of a crime.

Knowing these outcomes can assist you in understanding the differences and similarities between sealing and expungement.

Sealing Arrest Records

If a person was arrested and found guilty, or pleaded guilty, to a charge, then they can only apply to seal their criminal records. This means these records will not be physically destroyed and will still be accessible by police, federal government, the FBI, immigration officers, and other public officials. But when criminal records and arrests are sealed, they are no longer visible on public background check databases or accessible by employers, landlords, and other general public. One of the primary difference between sealed and expunged records has to do with purchasing firearms. Someone with a sealed record must still disclose their arrest when purchasing a firearm. Someone with an expunged record can legally deny an arrest.

Expungement of Criminal Records

A person can only expunge arrest records that never ended in a conviction. This means arrests that were later dropped, acquitted, or dismissed can be completely expunged from physical and online databases. Although government officials and police can still access these records, just as they can sealed records, the general public cannot ever see them and a person can legally claim to never have been arrested.

Expunging and sealing arrest records may differ in certain ways, but they both render the same benefits. It is very confusing to learn the process, rules, and guidelines to criminal record expungement. And there are several complicated variables that influences a person’s eligibility to expunge or seal criminal records. This is why it is vital to hire an experienced attorney to help you file for criminal record expungement accurately.

Indianapolis Criminal Record Expungement Lawyer

Call attorney David E. Lewis at 317-636-7514 to file for criminal record expungement in Indiana. He is well-versed in the new Indiana expungement laws and provides legal services starting as low as $850, depending on the extent of criminal history.