Tag Archives: criminal record expungement attorney Indiana

Can I Expunge My Adult Arrest Record in Indiana?

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Anyone with an arrest or criminal record can expect a few roadblocks along the road of life.  This is especially relevant to applying for a job, promotion, professional license, loan, or a residence to rent.  Landlords, supervisors, and managers commonly inquire about criminal histories to better understand the applicant and their capacity to either perform well on the job, pay back a loan, or responsibly take care of a home.

If a person has a criminal record on their personal and public record of any sort, including convictions and arrests, getting hired or approved for a rental is difficult and for some, even improbable. Fortunately, a new law has passed allowing past convicts or persons with criminal histories, to seal their adult criminal records from agencies and organization such as these.

Continue reading to learn more about how to expunge criminal records as an adult, including how to get started and who to trust for legal assistance.

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

Facts About Sealing Criminal Records for Adults

Criminal record expungement refers to the process in which a person hides or seals their past criminal convictions and arrests from public access. This means if a landlord or potential employer asks if you’ve been arrested and convicted of a crime, you can legally say no.  There are several details and stipulations that are involved with the expungement process, which is why a lawyer is highly recommended.

Not everyone is eligible for expungement so it is important to outsource professional legal assistance to facilitate the process exactly the way it should.  If a person qualifies for expungement but makes a single mistake during the filing process, they lose out on dealing their records and cannot ever file again. You only get one chance to seal adult criminal records.

Understanding State Eligibility Requirements

When it comes to criminal record expungement, there are rules and requirements that a person must have.  For example, depending on the type of charges, a person must wait at least five years from the date of conviction to even think about filing for record expungement.  For more serious crimes, a person must wait at least 8 to 10 years from the date of arrest. 

Also, not all records are eligible for expungement, such as kidnapping, rape, murder, etc.  It is important to hire a qualified and licensed attorney that specializes in criminal record expungement services.  Because this law is new, there are many amateur expungement services available; but be sure to choose a reputable law firm that genuinely understands the law and everything it entails.

Would you like trusted, professional legal help cleaning up your adult criminal record in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with an esteemed Indianapolis Indiana criminal record expungement lawyer, today. Services start as low as $850!

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Indiana Will Now Let You Expunge Protection Orders
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Indianapolis Criminal Defense 317-636-7514
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What You Need to Know About Indiana Expungement

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If you have a criminal record, whether as a minor or adult, this blog is for you. A new law in Indiana allows those who qualify to have certain criminal and arrest records concealed from public access. This could be a better job, income, and overall quality of life for thousands of past offenders. To get started, continue below to learn what you need to know about criminal record expungement in Indiana, and how to find out if you qualify.

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

Indiana’s Second Chance Law

Also known as Indiana’s Second Chance law, criminal record expungement is a new opportunity that deserves immediate attention from anyone with an arrest, charge, or conviction on their personal record. Those who are approved for expungement will no longer be subjected to the consequences and setbacks of having a criminal record. Employers, whether current or potential, cannot view expunged records, nor can school administration offices, banks, landlords, and the general public. Everything from dating and applying for jobs, to renting a home, earning a degree, and much more, is easier after expungement.

However, not every will qualify. Furthermore, there is another version of expungement known as record sealing, which is less restrictive than expungement.

Difference Between Sealing and Expungement

When criminal records are expunged, they are erased permanently from one’s personal record. In comparison, when records are sealed, they are not erased, but rather hidden. Only law enforcement, governmental agencies, and in some case, childcare organizations, can view sealed criminal records. As for the general public, including employers and landlords, they cannot view sealed records. The requirements for qualifying for record sealing are less strict than the requirements for expungement.

How to Qualify

To qualify for criminal record expungement or sealing, one must meet very specific requirements. The two most influential factors to determining eligibility include the type of conviction and the amount of time that has passed since the date of the conviction. Some convictions cannot be expunged nor sealed, such as murder and sex crimes. However, most arrests and charges that did not end up in conviction can be expunged or sealed.

Convictions that Do Not Qualify:

Murder

Sex Crimes

Feticide

Manslaughter

Reckless Homicide

Human Trafficking

Assisting /Causing Suicide

Transfer of Contaminated Bodily Fluids

Registered Sex Offender Status

Inappropriate Communication with a Minor

How to Petition for Expungement

You must hire a criminal defense lawyer who specializes in the new Indiana expungement laws if you want a good chance at being approved by the state. The process and requirements involved in petitioning for expungement are very complex and confusing to anyone who does not have a law degree. Furthermore, one can only petition for expungement one time, and never again after. This poses high risk since a petition will be rejected for something as little as a misspelled word or missed deadline. An Indiana criminal expungement lawyer will be able to ensure your petition is managed accurately.

Who to Trust for Indiana Criminal Record Expungement Help

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana. He is eager to help you get the fresh start in life that you deserve! Best of all, his 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 free initial consultation, today.

Indianapolis Criminal Defense 317-636-7514
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The Harsh Realities of an Indiana Conviction

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There are various outcomes that can result from being convicted of a crime. In fact, the broad range of potential collateral consequences after being found guilty of misdemeanor or felony is so vast and variable that every single criminal case is different. No two criminal cases are ever alike regardless of how similar they may seem. Accordingly, there is a very real possibility that such consequences can stick with the person for life. If you are currently facing criminal charges, whether just arrested or already indicted, it is important to learn how to protect your rights and preserve your freedoms considering just how harsh the realities of Indiana conviction can be.

Continue reading to learn exactly what an Indiana conviction might mean for you, and what you can do to begin building an impactful defense to protect yourself from such consequences.

Indiana Criminal Record Expungement Law Firm 317-636-7514
Indiana Criminal Defense and Expungement Lawyer 317-636-7514

Felony Convictions

Felonies are divided into 7 levels in Indiana. Level 6 felonies are the least serious and commonly referred to as “wobblers” because they can usually be decreased to a misdemeanor charge. Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 1 and 2 felony crimes are the most serious levels, excluding murder. Murder is the most serious felony offense a person can commit, and is in its own category.

Misdemeanor Convictions

Misdemeanor crimes are lesser offenses compared to felonies, but are still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Class A misdemeanors are the most serious, and Class C misdemeanors are the least serious.

Consequences of Having a Criminal Record

When a person has a criminal record, it can create a downhill spiral of consequences for life.  Whether a person was arrest, convicted, or both, a record will hold them back from certain benefits and advantages in normal society. Taking out a bank loan, applying for a job opening, renting an apartment, and more can create obstacles for someone who has been arrested or convicted of a crime. The good news to counter all of these negative consequences is that a person can now have their arrest and conviction records expunged in certain states. See our blog, “Basic Information About Record Sealing and Expungement in Indiana” to learn how to clean up your criminal record.

How to Protect Yourself From a Conviction

If you are facing criminal charges, you need to hire a seasoned and aggressive Indiana criminal defense lawyer who can protect your rights and preserve your freedom, and obtain the best possible outcome for your case. Without a lawyer on your side, you have a severe and massive risk of being sentenced to the maximum penalties for your criminal charges, including major fines and long-term jail time. See our blog, “How to Hire a Criminal Defense Attorney” to learn some tips for obtaining legal counsel.

Indiana Criminal Defense You Can Trust

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Our law firm also offers legal services for appeals and expungement.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Marion County Grants Legal Leniency for Minor Marijuana Offenses

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A BIG announcement was made yesterday by the Marion County Prosecutor’s Office regarding simple marijuana cases. Continue reading to learn more about the legendary changes made to the Marion County laws surrounding minor marijuana possession and consumption.

Indianapolis Marijuana Lawyer 317-636-7514
Indianapolis Marijuana Lawyer 317-636-7514

Standard Marijuana Penalties in Indiana

Traditionally, anyone who is caught in possession of, using, distributing, selling, or manufacturing marijuana would be subjected to strict criminal charges. For example, a person caught with under 30 grams of marijuana that has no prior drug offenses would face up to six months in jail, up to $1,000 in fines (not including court costs and probation fees), and charged with a Class B misdemeanor.

However, in a news conference in Indianapolis on Monday, September 30th, the Marion County Prosecutor’s Office made a big announcement. They have officially decreed that they will NOT prosecute minor marijuana offenses anymore! Here’s what Prosecutor Ryan Mears had to say:

“Too often, an arrest for marijuana possession puts individuals into the system who otherwise would not be. That is not a win for our community. (…) The enforcement of marijuana policy has disproportionately impacted people of color, and this is a first step to addressing that.”

He went on to say, “Our priority is violent crime. (…) We are not going to mess around with these small possession of marijuana cases.”

Even the former chief deputy prosecutor acknowledged that minor marijuana offenses were clogging up the court system, overcrowding jails, and exhausting resources that should be put toward violent crimes.”

On the other hand, Indiana Attorney General, Curtis Hill, is concerned about the prosecutor’s decision, stating, “I respect and support the fact that prosecutors have absolute discretion in deciding when to file criminal charges and how to allocate their resources. Typically, though, prosecutors carefully exercise this discretion on a case-by-case basis rather than proclaiming that in all cases they will ignore a particular state law not to their liking. I am concerned that this proclamation in Marion County will attract to Indianapolis people with a particular interest in communities where drug enforcement is lax. It seems to me a curious strategy to put out a welcome mat for lawbreakers in a community already facing challenges related to crime, homelessness and other social problems stemming from drug abuse.”

And the Indianapolis Fraternal Order of Police is openly rejecting the prosecutor’s decision, submitting a statement saying, “(…) While we recognize and value prosecutorial discretion, our law enforcement officers have significant concerns anytime a single person elects to unilaterally not enforce a state law as a matter of practice or policy. We are attempting to better understand the basis for this decision and any potential unintended outcomes. In the interim, it is our understanding the IMPD Chief of Police has directed officers to continue to enforce the laws as proscribed by the State of Indiana and we strongly concur.”

What You Should Take From All This

So what does all this mean for Marion County residents and visitors? It means that anyone over the age of 18 years old will no longer face the above-mentioned criminal penalties for minor possession of marijuana. In fact, since the announcement, Marion County has dismissed eight out of ten minor marijuana possession cases.

Marijuana crimes that will continue to be prosecuted include driving while intoxicated (DWI), public consumption, growing, dealing, and trafficking. So do not go to the park and light one up. Only minor possession of marijuana is being dismissed as a chargeable offense. Furthermore, it is just Marion County that has made this announcement, which means that all other counties still adhere to the conventional state laws governing all types of marijuana offenses.

Expunging Marijuana Convictions

Not only is the Marion County prosecutor currently examining over 350 pending drug cases to see where improvements can be made, he is planning to assist those who have minor marijuana possession convictions with criminal record expungement. So if you have been convicted of minor marijuana possession in the past, talk to an Indiana criminal expungement lawyer as soon as possible to learn your rights to sealing or destroying such records.

A Trusted Indianapolis Marijuana Crime Lawyer

Contact Attorney David E. Lewis at 317-636-7514 to learn everything you need to know about the new Marion County marijuana laws. If you are facing marijuana charges in Indiana, or any other type of drug charge, he can help you avoid the maximum penalties for your crimes. He will work around the clock using every resource in his grasp to build you an impactful defense that may reduce or dismiss your drug charges in Indiana. He also offers assistance with criminal record expungement, with rates starting as low as $850! Call to schedule a consultation, today!

Indianapolis Criminal Defense 317-636-7514
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Indiana Will Now Let You Expunge Protection Orders

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The New Indiana Second Chance Laws are seeing some positive transformations. What is considered to be a very unpopular law among several interest groups and lobbyist parties is now being improved upon. Before this year, orders of protection were not eligible for expunction, but now they are. If someone took out a protection order against you in the past, and you wish to have this record concealed from the general public, you would be wise to take advantage of the Indiana criminal record expungement laws while they are still in effect.

Continue reading to learn what you need to know about expunging protection orders and restraining orders, including how to get started on your petition.

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

Expungement for Protection Orders

The Indiana legislature has recently expanded the scope of the state criminal record expungement laws by now allowing protection orders to qualify. Qualifications for this type of expungement are laid out in Indiana Code 34-26-7.5, Petitions to Expunge Protection Orders, which states, “if (…) a protection order was issued to the plaintiff, but is subsequently terminated due to the:

(A) dismissal of the petition before a court hearing on the protection order;
(B) denial of the protection order upon the order of the court; or
(C) failure of the plaintiff to appear to the court hearing on the protection order.
(2) A protection order was reversed or vacated by an appellate court.”

Criminal Record Expungement
Indiana Code § 35-38-5-1

Before you can qualify to expunge a protection order, you must first be eligible for criminal record expungement altogether. To qualify for expungement, you must meet certain strict criteria. These include but are not limited to:

▷ A specific amount of time has passed since the initial date of arrest or indictment;
▷You were never actually charged with the crime;
▷Your charges were later dropped as a result of 1) mistaken identity, 2) no crime was actually committed, and 3) there was no probable cause to believe you committed a crime;
▷You have no pending criminal charges;
▷Your offense was not a sex crime;
▷Your offense did not result in serious bodily injury or death;

Note: If your conviction was later reversed and your case dismissed, you may also be eligible to have your DNA profile expunged from the state DNA database. See Indiana Code § 10-13-6-18.

How to Get Started on Your Petition

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about sealing or expunging your criminal records in Indiana. He is eager to help you get the fresh start in life that you deserve! Best of all, his 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 free initial consultation, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Should I Perform a Background Check on Myself?

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There are several reasons to perform a background check on someone else. If you are a business manager who plans to hire new employees, you will want to review each applicant’s criminal and work history. If you are looking for potential roommates, you will want to know their criminal and credit history. If you are a landlord preparing to rent out a property to a new tenant, you will also want to know their criminal and credit report, as well as, their rental history. Even those involved in the dating scene are wise to perform a background on a person before agreeing to a first or second date.

Needless to say, there are many cases in which a background check is handy, and even necessary. But have you thought about doing a background check on yourself? You may be surprised what you find. Continue reading to learn why you should take a look at your own personal history report, as well as, where to get started.

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

Online Background Check Databases

Performing a background scan on yourself is beneficial for a few reasons. For one, you can see what type of information is out there about you, and if the information is accurate or not. Second, you are better prepared to answer questions about your criminal, renters, credit, and work history when you have up-to-date information on those specific records. No matter what the reason, this is YOU we’re talking about, so consider running a background check on yourself soon!

Background Check Websites and Portals

Fortunately, you are only performing this scan on yourself, so you can use just about any old site that provides such services. If you were an employer or landlord, for instance, you would have to use the services of a consumer reporting agency (CRA) for legal purposes. These sites use human intelligence rather than a computer to look up your information. The CRA sites are not free and sometimes expensive, but since you are planning to scan yourself, you can use a free online background check database site. There are numerous of these websites online, including PeekYou, The Beat, and White Pages Neighbors.

Most records are available as general public information, so you can also just visit your city’s government website and use their services, which are most likely free of charge also. Consider doing a simple Google search of yourself as well. You would be surprised which photos and content pops up about you, or someone that shares your same name!

Want to Clean Up Your Criminal Record?

If you are not proud of what you find about yourself after completing a background check, consider criminal record expungement services. If you qualify, some states allow you to expunge or conceal past criminal histories so they are not publicly accessible by employers, landlords, and more. Call reputable lawyer that is well-versed in your states criminal expungement laws, and see if criminal record expungement services are right for you!

David E. Lewis Attorney at Law 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.