Will My Conviction Fall Off My Record After a Long Time?

Many people with criminal records dating back decades or more often wonder if their conviction will just automatically disappear, or fall of their permanent record. If you were convicted of a crime several years ago, or perhaps even a generation ago, do not put much time or energy into believing this common myth. Criminal convictions are forever; that is why they call it a permanent record. Fortunately, if your conviction really was a long time ago, you already meet one of the most impactful criteria for Indiana criminal record expungement: time.

Continue reading to learn what Indiana’s Second Chance Law can do for you now that your conviction is so far back in history, as well as how to learn your eligibility for criminal record expungement this year.

Criminal Record Expungement Attorney in Indianapolis 317-636-7514
Criminal Record Expungement Attorney in Indianapolis 317-636-7514

Criminal Matters Stay on Your Record Forever

Although traffic violations are known to fall off your driving record after so many years, as advertised by many insurance companies, criminal records are not so lucky. Once convicted, or even arrested and charged, that incident and information remain on your public, permanent record, your whole life, and even after you die. Unfortunately, regardless of how long ago, or how circumstantial your conviction might have been, it certainly does its job of holding you back from true glory in life.

How Criminal Records Hold You Back

A criminal record can impose challenges when getting a job, facing a promotion, renting a home, obtaining a professional license, getting a bank loan, applying for college or graduate school, and even dating! Your criminal record can be accessed by anyone who tries to find it, including employers, landlords, admissions offices, Deans, police officers, government officials, and as mentioned, potential dating partners.

How You Can Make Your Conviction Go Away

Indiana’s Second Chance Law was passed several years ago, allowing those who qualify to seal or expunge criminal records, whether that be arrests and/or convictions. As mentioned, one of the most important prerequisites to meet for being eligible for criminal record expungement is time. A certain amount of time must have passed from the date of your conviction in order to meet the first qualification. Keep in mind, there are several other factors that influence eligibility requirements for criminal expungement in Indiana, including the type of crime you were convicted of, your current legal matters, and more.

How to Know For Sure

Talk to a certified criminal defense lawyer who specializes in criminal record expungement in Indiana. Not only can they determine whether or not you qualify, but they can also help you with your petition and meet all of the necessary deadlines. You only get one chance to apply, and a little error can revoke your chance forever. An Indiana criminal record expungement lawyer can make sure your petition is correct and meets all requirements and deadlines.

Where to Get Criminal Record Expungement Help in Indianapolis, Indiana

Call 317-636-7514 to get started on the Indiana criminal record expungement application process. We provide a wide variety of resources and services concerning the new Indiana expungement laws, and most misdemeanors and many felonies can now be eliminated from criminal history records. All first consultations are free, and once we examine the variables surrounding your case, our attorneys can identify whether or not your criminal record can be expunged. You can call anytime and speak with a professional legal representative about scheduling your first consultation to expunge criminal records in Indianapolis, Indiana. Contact us to learn more, today.

Criminal Record Expungement Attorney Indiana
Indiana Criminal Record Expungement Attorney 317-636-7514

Frequently Asked Questions About Indiana Background Checks

There are many cases in which you might have to do, or be subjected to, a background check in Indiana. Whether you are preparing to interview for a new job, apply for new housing, or go on a blind date, be sure to get some accurate and up-to-date answers about background checks beforehand. Continue reading to review some frequently asked questions about Indiana background checks for a good place to start.

Indiana Criminal Record Expungement Lawyer
Indiana Criminal Record Expungement Lawyer 317-636-7514

What is a Background Check?

A background check is a process used to collect and investigate a person’s personal records for the purpose of verifying identity, confirming credentials, and assessing risks. Such scans can reveal information regarding past criminal records, education archives, employment history, financial history, and more.

What Kinds of Background Checks are There?

There are various kinds of background checks available, all of which vary in how much data they gather, who runs them, how much they cost, and more. Common background checks include criminal background checks, county background checks, state background checks, and national background checks. Others include:

➾ Driving Records
➾ Employment Records (including professional licenses and certifications)
➾ Drug Testing
➾ Education Verification
➾ Sex Offender Registry Check
➾ Social Media/Internet Scans
➾ Social Security Traces
➾ Credit Checks
➾ Listed Domestic or Global Terrorist
➾ Fingerprint Checks

Who Can Run a Background Check?

Anyone can run a background check on another person, whether a private individual, public company, family member, stranger, or employer. Some are free, others cost money.

When Might a Background Check Be Run on Me?

The most common parties that run background checks include law enforcement, employers, school admission offices, landlords, parents, and even a potential romantic partner.

How Can I Improve My Background Check Results?

A new law regarding criminal record expungement, known as Indiana’s Second Chance Law, was recently passed in our state. 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, and a significant opportunity to improve your background check results.

Where Can I Get Expungement Service in Indianapolis?

Call 317-636-7514 to get started on the Indiana criminal record expungement application process. We offer professional criminal record expungement services starting as low as $850! As a seasoned criminal defense law firm, we are well-versed in the 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.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

What is the Second Chance Act?

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.

Indiana Second Chance Act legal services
Indianapolis Criminal Record Expungement Attorney 317-636-7514

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

Criminal Record Expungement 317-636-7514
Criminal Record Expungement 317-636-7514

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.