A Comprehensive Guide to Record Sealing in Indiana

Posted on January 9, 2024 by admin

In the shadow of past mistakes, individuals can find a beacon of hope in Indiana’s Second Chance Law. This comprehensive guide aims to shed light on the process of criminal record sealing and expungement in Indiana, offering a lifeline to those seeking to leave behind the stigma associated with a criminal history. We will delve into the nuances of this law, providing practical information and guidance to help you navigate the process. It’s time to understand your rights and take the first step towards a fresh start and a cleaner slate.

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What is Criminal Record Sealing?

Criminal record sealing is the process of legally hiding or “sealing” a person’s criminal record from public view. It essentially means that the records are no longer accessible to the general public, including potential employers or landlords. This provides individuals with a second chance at life, free from the barriers and discrimination that can come with having a criminal record.

Eligibility for Record Sealing in Indiana

To be eligible for criminal record sealing and expungement in Indiana, certain criteria must be met. These include completing all terms of your sentence, including probation and/or parole, and waiting a specified period of time after the completion of your sentence. The waiting period varies depending on the severity of the crime committed. For misdemeanors, the waiting period is 5 years, while for most felonies, it is 8 years. However, certain violent or sexual offenses may have longer waiting periods or may not be eligible for record sealing at all.

The Process of Record Sealing in Indiana

The process of record sealing begins with filing a petition with the court in the county where your case was heard. The petition must include a detailed description of your criminal history, the charges you are seeking to seal, and why you believe record sealing would benefit you. It is highly recommended to seek the guidance of an Indianapolis criminal record expungement attorney during this process to ensure all necessary steps are followed.

Benefits of Criminal Record Sealing

The primary benefit of criminal record sealing is the ability to legally state that you have no criminal record. This can be a significant advantage when seeking employment, housing, or educational opportunities. It also provides a sense of closure and the chance for individuals to truly move forward from their past mistakes. It can also improve dating and personal relationships.

Record Sealing vs Expungement

It is essential to note that record sealing and expungement are two different processes in Indiana. While record sealing hides a person’s criminal record from public view, expungement eliminates the record entirely. Expungement is only available for certain types of offenses, and the waiting period is longer compared to record sealing. Furthermore, expunged records may still be accessible in limited circumstances, such as when applying for certain professional licenses.

Conclusion

In conclusion, Indiana’s Second Chance Law provides individuals with a chance to start fresh, without the burden of a criminal record. Record sealing can open doors that were previously closed and provide individuals with the opportunity to build a brighter future. If you or someone you know is eligible for record sealing in Indiana, it is crucial to take advantage of this law and seek guidance from legal professionals to ensure a smooth and successful process. Remember, everyone deserves a second chance, and Indiana’s Second Chance Law is here to make that possible. Let this guide be your first step towards a better tomorrow.

If you or someone you know needs help with criminal record sealing in Indiana, don’t hesitate to take action and seek out the resources to make it happen. Start right here! Contact our esteemed criminal defense lawyers for affordable criminal record expungement services in Indianapolis, Indiana. Our fees start as low as $850, and we never charge for initial consultations.

How to Seal Your Criminal Records in the State of Indiana

Posted on February 14, 2023 by admin

If you have been convicted of a crime in the State of Indiana, it can be difficult to move forward with your life. A criminal record can haunt you for years, making it hard to find employment and housing. Fortunately, there is still hope – if you are eligible, you may be able to seal or expunge your criminal records in Indiana. Sealing or expunging your records will make them inaccessible by most employers and landlords.

In this blog post, we’ll discuss how to go about sealing or expunging your criminal records in the State of Indiana so that you can start fresh and move on with your life.

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Record Sealing Versus Expungement

First, it’s important to understand the difference between record sealing and expungement. Record sealing means that your criminal records are sealed from public view but can still be viewed by law enforcement or other government agencies. Expungement is a more permanent process where eligible criminal records are completely destroyed, meaning they cannot be accessed by anyone but yourself.

Eligibility Requirements for Criminal Record Sealing

In order to get your criminal records sealed or expunged in Indiana, you must meet certain criteria. For example, you may not be eligible if you have multiple convictions or if the conviction is for a serious crime such as murder or sexual assault. Additionally, there may be waiting periods depending on the type of conviction and when it occurred. It’s important to note that not all criminal records are eligible for either sealing or expungement.

Hire a Criminal Expungement Lawyer

If you believe you may be eligible, the next step is to hire an experienced criminal defense lawyer who specializes in appeals and expungements lawyer. An expungement lawyer can review your criminal record and determine if you are in fact eligible for sealing or expungement. If so, the attorney will then complete all necessary paperwork to begin the process. In some cases, it’s possible to do this yourself; however, having an experienced lawyer on your side is often a wise investment as they can ensure that everything goes smoothly and that no mistakes are made along the way.

An Expungement Attorney is Key to a Successful Record Sealing Process

Sealing or expunging your criminal records in Indiana is not always easy, but it can be done if you know what steps to take. With the right help and guidance, you can start anew and move forward with your life. If you think you may be eligible for sealing or expunging your criminal records in Indiana, contact an experienced expungement lawyer today to get started on this process.

Are the repercussions of your criminal past limiting the chances for personal and professional success? 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.

FAQs About Sealing Criminal Records

Posted on July 17, 2017 by admin

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.

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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?

Posted on April 14, 2017 by admin

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.

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❧ 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.

Expunge Criminal Record Indiana

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