A Fresh Start: How to Determine if You’re Eligible for Record Expungement in Indiana

Posted on February 28, 2024 by admin

The shadow of a criminal record can often feel like an unshakable specter lingering over many aspects of life, from employment opportunities to rental applications and beyond. Luckily, for residents of Indiana, there exists a beacon of hope known as record expungement.

This legal process offers individuals the chance to erase or seal their criminal records from public view, granting them a much-deserved fresh start. This blog post aims to guide you through the initial steps of determining your eligibility for record expungement in Indiana, illuminating the path toward a brighter future unencumbered by the past. So, let’s get started!

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Understanding Record Expungement in Indiana

Before diving into the specifics of eligibility, it’s essential to have a basic understanding of what record expungement is and how it works. In simple terms, record expungement is the legal process of sealing or erasing certain criminal records from public view. This means that they will not appear on background checks and will not need to be disclosed in most situations. Expungement differs from a pardon, which is the forgiveness of a crime but does not erase the record.

In Indiana, there are specific criteria that determine whether or not an individual is eligible for record expungement. These criteria vary depending on the type of offense and the outcome of the case. Let’s break down the different categories of eligibility:

Misdemeanor Offenses

For those with misdemeanor offenses, there are two types of expungement: limited and unrestricted. Limited expungement is available for those who were convicted but completed a diversion program or received a sentence of less than one year, with no more than three previous convictions. Unrestricted expungement is available for those who successfully completed their sentence or probation period, with no more than two previous convictions.

Felony Offenses

The eligibility criteria for felony offenses are more stringent. Generally, in order to be eligible for expungement, the individual must have been acquitted of the charges, had the case dismissed without a conviction, or received a pardon from the governor. However, there are some exceptions to this rule, such as certain drug offenses and Level 6 felony convictions under certain conditions.

Juvenile Offenses

Expungement is also available for individuals who were charged with juvenile offenses but have since turned 18 years old or completed their juvenile supervision. This process seals the records and makes them unavailable to the public.

Non-Eligible Offenses

It’s worth noting that not all offenses are eligible for expungement. For example, violent crimes and sex offenses are generally not eligible. Additionally, there is a waiting period before an individual can file for record expungement, ranging from three to ten years depending on the severity of the offense.

The Importance of Seeking Legal Assistance

Navigating the legal system can be overwhelming and confusing, especially when it comes to record expungement. That’s why it’s crucial to seek the guidance of a qualified criminal defense attorney who specializes in this expungement and appellate law. They will be able to review your case and determine if you’re eligible for expungement, guide you through the process, and ensure all necessary documents are filed correctly.

It’s also important to note that the expungement process can be time-consuming, and mistakes or missing information on your petition can result in delays or even denial of expungement. Working with a lawyer can help ensure that all steps are followed correctly and increase your chances of a successful outcome.

Final Thoughts and Key Takeaways

Having a criminal record can severely limit opportunities for employment, housing, education, and more. Record expungement offers a chance at a fresh start, and it’s essential to take advantage of this opportunity if you are eligible. By understanding the criteria for eligibility and seeking legal assistance, you can pave the way towards a brighter future without the weight of past mistakes.

If you believe you’re eligible for record expungement in Indiana and are ready to leave the shadow of your past behind, don’t hesitate to reach out for expert legal assistance. David E. Lewis, a seasoned criminal defense lawyer with extensive experience in helping individuals clear their records, is ready to guide you through the expungement process step-by-step.

Don’t let your past define your future. Contact David E. Lewis today at 317-636-7514 to schedule a free consultation for criminal record expungement in Indiana. Start now to take the first step towards securing your fresh start. Our law firm will get you the best possible outcome to your criminal case!

Types of Criminal Records That Can Be Expunged in Indiana

Posted on July 7, 2023 by admin

If you’ve been arrested and convicted of a crime in Indiana, it can have long-term effects on your life. It may limit your job opportunities or make it difficult for you to rent an apartment. Fortunately, if you are eligible, you may be able to have some or all of your criminal records expunged. Expungement is the process by which certain criminal records are sealed from public view, allowing those with past convictions a second chance at success without the stigma of their mistakes weighing them down. In this blog post, we will discuss the different types of criminal records that can be expunged in Indiana and how to go about doing so.

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Indiana Criminal Records Eligible for Expungement

In Indiana, there are three types of criminal records that can be expunged. These include Class D felonies, misdemeanors, and infractions. To qualify for an expungement, you must have been convicted of one or more of these crimes and must not have any pending criminal cases. Additionally, you must wait a certain amount of time before petitioning for an expungement; the specific waiting period depends on the type of crime committed and your criminal history. For example, if you were convicted of a misdemeanor, you may need to wait five years before being eligible for an expungement.

How to Apply for Criminal Expungement

In order to apply for an expungement in Indiana, it is recommended that you consult with a competent criminal defense lawyer who specializes in record sealing and expungement. This is because the process can be complex, and an experienced lawyer can guide you through it from start to finish. The lawyer will help you complete the necessary paperwork and make sure that all of your records are properly sealed so that no potential employers or landlords can access them.

The Average Cost to Have Your Criminal Records Expunged in Indiana

Navigating the process of having your criminal records expunged can often be a difficult and complex endeavor, and understanding the associated costs with such an endeavor is essential. In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees. Depending on the county in which one resides, there may also be additional processing fees that can range from $50 to $100 or more.

In addition to court filing fees, those seeking to have their criminal records expunged may also need to hire an attorney who specializes in such matters. Attorney fees will vary depending on individual needs and complexity of the case; however, most attorneys charge between $500 and $2,000 for their services. There are some pro-bono or free legal services available in certain counties as well – it is important to research what options are available so you can make an informed decision when considering how to proceed with your criminal record expungement case.

It’s important to note that not all cases will qualify for expungement. Additionally, if a person’s case does qualify for expungement, they should be aware that this process will take several weeks or months before it is completed. It’s thus important that anyone looking into their options for having their record expunged understands both the cost involved as well as the amount of time needed for this process. Doing so can help ensure that one makes an informed decision when pursuing a criminal records expungement in Indiana.

If you’re considering applying for a criminal record expungement in Indiana, make sure to consult with an experienced expungement lawyer who can guide you through the process from start to finish. Contact the Law Office of David E. Lewis today at 317-636-7514 to speak with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our services start as low as $850, so act now before it’s too late!

Will Any Criminal Record Get Approved for Expungement?

Posted on June 9, 2022 by admin

If you are interested in learning more about petitioning for criminal record expungement or record sealing, it is safe to say you are a very wise person. So many doors will open for you after you seal or expunge your publicly-accessible criminal background. Opportunities for jobs, housing, loans, schooling, professional licenses, government services, and even dating will be a more comfortable and rewarding experience. Just knowing that your criminal past is private and not accessible by the general public will have you feeling more confident in life, overall. But be warned, not all petitioners will qualify, and some criminal records are ineligible as well.

Continue below to learn some criminal record expungement information for Indiana that will help you understand your eligibility for approval.

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Eligibility Guidelines for Criminal Record Expungement

Right now, you probably have many questions about the petition and approval process. The expungement process varies among jurisdictions, as do the legal perquisites to qualify. Qualifications also vary depending on several factors, including how long it has been since the date of your conviction, the severity of the crime, the extent of your criminal history, your current status with the law, and more. It is best to start with the question of whether or not you qualify.

To learn if you qualify, you must seek counsel from an Indianapolis criminal defense lawyer who is well-versed in the criminal record expungement laws in your state of offense. They can help you determine your eligibility and assist you with the filing of your petition. Keep in mind, one small mistake can get your application for expungement denied. You need a lawyer to help you file the paperwork and meet the strict deadlines in time.

Not everyone qualifies to have their records expunged. Sometimes this is because it has simply not been enough time, or because their crimes are not eligible for expungement. Virtually all crimes are eligible for expungement, with a few obvious exceptions.

Criminal arrests, charges, and convictions that CANNOT be expunged or sealed include, but are not limited to:

❌ Murder
❌ Homicide
❌ Manslaughter
❌ Human Trafficking
❌ Sex Crimes
❌ Sexual Offenses
❌ Child Abuse
❌ Endangering of a Child
❌ Driving a Commercial Vehicle Under the Influence

Hire a Criminal Lawyer Who Specializes in Expungement Petitions

Since procedures and qualifications are so different and depend on various factors, the filing process to expunge criminal records can be confusing and complicated. For this reason, it is vital to hire a professional Indiana criminal defense lawyer who specializes in record sealing and expungement services. They have the skills and the knowledge to ensure your petition is filed correctly and on time.

Are you ready to seal or expunge arrest records and criminal charges from your past? Contact the Law Office of David E. Lewis at 317-636-7514 to learn your eligibility for Indiana criminal record expungement, restricted access, or appeal. Consultations are free and rates start as low as $850 for those who qualify. Put your past behind you for good with the help of our esteemed legal teams who specialize in Indiana’s Second Chance Law.

How to Move Forward From a Criminal Past With Expungement

Posted on March 4, 2022 by admin

Are you being held back from a happier or more successful life because of your past criminal records? Indiana’s Second Chance Law may be able to help you move forward from your criminal past and regain control over your future. Continue below to learn what you need to know about Indiana’s criminal expungement and record sealing laws, including how to learn your eligibility.

Indiana Criminal Record Expungement Law Firm 317-636-7514

Restore Your Civil Rights and Brighten Your Future

The new Indiana Second Chance laws are very accommodating to past offenders and those who have been wrongful arrested or falsely accused. If you are being held back from a better job, better housing, better relationships, or even gun privileges, it is in your best interest to learn more about criminal record expungement.

If you qualify, you could have your criminal record sealed and hidden from public view; this includes current and potential employers, banks, college admissions offices, professional licensing offices, and even potential romantic interests! Just think of all the opportunities that will open up for you if you could only seal or hide your criminal past.

Qualifying for Expungement

Unfortunately, not everyone will qualify to have their records expunged. There are several stipulations, restrictions, and prerequisites that mandate whether or not a person can even qualify to expunge their criminal records. In order to qualify for expungement, your petition must demonstrate certain criteria.

Along with prerequisites and stipulations, there are also restrictions. For example, a person may only file a petition to have their criminal histories expunged one time and one time only. If they make one filing error or mistake, they lose their chance to expunge their criminal records.

With so many variables and risks at play, determining your eligibility for criminal expungement in Indiana can be a complex process. To find out if you qualify to have your past arrest records, misdemeanors, or felonies restricted from your personal record, you must consult with a licensed criminal defense lawyer in Indiana. Be sure to choose an attorney who is well-versed in the Indiana expungement and record sealing laws.

Are you ready to petition for criminal record expungement or record sealing this year? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation with a licensed criminal record expungement lawyer in Indianapolis, Indiana.

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Read This If You Are Confused About Indiana Criminal Record Expungement

Posted on August 17, 2021 by admin

Employers, landlords, banks, school admission offices, professional licensing organizations, and even the general public can access municipal record directories to a person’s criminal history. Such access will give someone information about past infractions, arrests, charges, convictions, court sentences, and even rehabilitation orders. Therefore, if you are someone with a criminal record, you might want to know how to restrict these records from public access by taking advantage of the new Indiana criminal record expungement or record sealing laws. Whether you are granted expungement or record sealing will depend on several factors, primarily your individual case history.

Continue reading to learn the basics surrounding criminal record expungement and sealing in Indiana, including how to confirm your eligibility and get started on your petition as soon as today.

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Hire a Criminal Record Expungement Lawyer in Indiana

If you are having trouble understanding the various laws, restrictions, and processes surrounding criminal record expungement, do not feel defeated. These laws are highly complicated, thus requiring an acute and extensive knowledge of the law to fully understand how it works. So, your best course of action to take is to contact a licensed Indianapolis criminal defense lawyer who specializes in appeals and expungement, and who is well-versed in the New Indiana Second Chance Law. Your lawyer will be able to describe all aspects of the relevant law to you with a unique focus on your particular case history. In contrast to law books and legal references, they can debrief you on all your options and requirements in a language you can clearly understand.

Learn About Criminal Record Expungement

The new Indiana criminal record expungement law officially took effect on July 1st of this year. This law allows people to petition for misdemeanors and Class D Felonies to be expunged or restricted from their personal records. This means employers would not be able to see criminal histories of potential employees by running standard background checks. This new law has the potential to change lives for people who have had trouble gaining or retaining employment due to their criminal backgrounds.

Unfortunately, not everyone qualifies to have their records expunged or sealed. There are several conditions, restrictions, and requirements that dictate a person’s qualifications for approval. Fortunately, numerous people do qualify. You cannot truly know until you speak with a lawyer and have them review your case. In order to be eligible, a defendant’s application must establish certain criteria.

Some common ones include time passed, type of crime, habitual offenders, and more. Furthermore, a defendant cannot have any current or pending charges against them, they must have a valid drivers’ license, and they must have successfully completed their sentence and all legal obligations surrounding their crime, including probation. If a defendant meets all these conditions, they may be eligible; however, there are still many more types of criteria to pass. Only a lawyer can help you accurately determine your eligibility.

Potential Restrictions

Along with prerequisites and stipulations, there are also restrictions that can prohibit a person from qualifying for criminal expungement. On this list of restrictions, a person who intends to clear their criminal history cannot restrict this information from criminal justice agencies and child service agencies. Moreover, a person can only file a petition one time; however, they can petition to expunge several convictions at once if they qualify.

Are you ready to get your petition for criminal record expungement or sealing started today? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation with a licensed criminal record expungement lawyer in Indianapolis, Indiana.

You Might Also Read:

Who Can Access Expunged Criminal Records?
Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?

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

Should I Hire a Lawyer to Expunge My Criminal Records?

Posted on May 11, 2021 by admin

Because the criminal record expungement process is so complex and requires a concentrated approach, it is necessary to hire a criminal defense lawyer to navigate your petition if you want successful results. Continue below to learn some important facts about Indiana criminal record expungement and sealing that will help you better understand the importance of retaining professional legal assistance and teach you how to get started.

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Criminal Record Expungement Law

Indiana’s Second Chance law (IC §35-38-9) was enacted on July 11, 2013. It permits the permanent sealing of a criminal record from public access or view. Although the general public cannot access or view an expunged criminal record, some parties can, such as the government and law enforcement officials. Those who cannot include current employers, potential employers, landlords, banks, college admissions offices, credit card companies, dating partners, coworkers, family, friends, and similar types of private, non-governmental parties.

Expungement Process

There are various stages of the criminal record expungement process, all of which your skilled defense lawyer will navigate for you. But here is a basic breakdown:

☑ Gather all necessary documents and evidence needed for the petition.

☑ Complete the expungement petition and submit it by the required deadline.

☑ Continue to file all remaining documents and copies with the proper county clerks’ office.

☑ Satisfy all filing fees. You may choose to fill out and submit a fee waiver that would excuse you from paying any filing fees.

☑ Receive a case number and court date.

☑ Attend the hearing and complete the argument for expungement.

Criminal Record Expungement Costs

How much does it cost to expunge or seal criminal records in Indiana? Well, it all depends on the lawyer you choose, their personal fees, and the complexity of your case. Lawyer fees generally start at $1,000 or so, and then you might also have to pay filing fees and related costs. There is no fee to submit the actual expungement petition, however.

Why You Need a Lawyer to Help With Your Expungement Paperwork

The process that is required of the petitioner for record sealing or expunging is highly complicated, and revolves around a stringent schedule that’s difficult to follow. One little filing mistake or missed deadline, and a person loses their chance at sealing their public criminal history forever. For these reasons, it is imperative to retain the professional legal counsel of a licensed attorney that’s familiar with the Indiana expungement laws and provides services for filing and petitions.

Are you looking for a qualified criminal defense lawyer who can help you with your petition? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation and get your Indianapolis Indiana criminal record expungement appeal started.

You Should Also Read:

Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?
Who Can Access Expunged Criminal Records?

Read This if You Were Arrested But Not Convicted in Indiana

Posted on April 9, 2021 by admin

Quickly answer these questions:

⇛ Have you ever been arrested in Indiana?
⇛ Were you not convicted after your arrest?

If you answered yes to both of these questions, you will be thrilled to hear that you are likely eligible to have that arrest record expunged from your criminal history. Continue reading to learn more about Indiana criminal record expungement, and how to get started on your petition today.

An Arrest Doesn’t Have to Be a Part of Your Past Anymore.

Get to Know Indiana Criminal Record Expungement

Criminal Record Expungement in Indiana

Also known as the Second Chance Law, Indiana criminal record expungement legislation now allows past offenders, even many of those who do have convictions, to destroy or seal their arrest records from the general public. What does this mean for you? Well, those who clean up their criminal record have better quality lives because they are more eligible and qualified for job opportunities, promotions, professional licensing, international traveling, education opportunities, rental and housing opportunities, and so much more. In fact, you’d be surprised to learn just how much a criminal record can hold person back from having a better quality of life.

So how you get started on criminal record expungement in Indiana?

You first have to hire a criminal defense lawyer who is well-versed in the Indiana second chance Law and all subsequent legislation changes and modifications. Not only is the law complex, but the application process for criminal record expungement or record sealing is very complex. Furthermore, even one small error, such as a misspelled word or a missed deadline, will eliminate you from being eligible for expungement because you applicants can only petition once. A second petition won’t even be glanced at.

Arrested But Never Convicted?

If you are arrested under suspicion of committing a crime, but the arrest never led to a conviction, you are in a good position to apply for criminal record expungement in Indiana. Usually, these types of cases are granted much faster than those with convictions. Even if your conviction was vacated, or you had an order of protection placed against you, you are still eligible for Indiana’s Second Chance Law. The only catch: you have to wait one year from the date of your arrest. For many, the arrests they wish to eliminate from their criminal record happened years ago; if this is like you, you are already eligible to get started on your petition.

Are you interested in learning more about your criminal record expungement eligibility? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation, today. We specialize in criminal record expungement legal assistance, and our services start as low as $850!

You Might Also Like:

Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?
Indiana Will Now Let You Expunge Protection Orders

Who Can Access Expunged Criminal Records?

Posted on January 7, 2019 by admin

The new Indiana Second Chance law does exactly what it says it does: it gives residents of the state an opportunity to have another chance at obtaining a better quality of life. However, expunging your criminal records does not actually destroy them forever; they are still accessible by certain groups and branches of the law.

Continue reading to learn the most important concepts of criminal record expungement, including who can still access records even after they have been expunged.

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Indiana Second Chance Law (IC §35-38-9)

The Indiana Second Chance Law (IC §35-38-9) permanently seals a person’s criminal record, prohibiting public access through background check portals. If an employer, landlord, Dean of admissions, bank, or other party runs a background check after your records have been expunged, they will not see any such records on the results. This privacy gives you more opportunities in life, such as job promotions, school enrollments, professional licensing, loan approvals, and more affordable housing.

Who Can See Your Records

It is important to understand that expunged criminal records are not gone and deleted forever. There is a significant difference between a criminal pardon and expungement. After your past criminal records have been expunged, law enforcement agencies are still authorized to access them for the purpose of criminal investigations and proceedings. Although law enforcement and governmental agencies can see expunged criminal records, the general public cannot. This includes friends, family, employers, schools, banks, and more.

How to Expunge Your Criminal Records

There are various qualifiers that determine when and what you can expunge from your criminal records. Some of the most influential factors include the amount of time since the date of the arrest or conviction, the severity of the crime, sentence completion, pending criminal charges, drivers’ license status, and more.

In order to confirm your eligibility and move forward with a criminal record expungement petition, you must consult with a licensed Indianapolis criminal defense lawyer who specializes in expungement services. Not only can they tell you whether or not you qualify, they can assist you with the entire petition process, which can be very convoluted and complex.

Indiana Criminal Expungement Services

Criminal Defense Lawyer Indianapolis Indiana — Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to determine your eligibility for criminal record expungement in Indiana. We offer free initial consultations and prices start as low as $850, so anyone can afford to clean up their criminal history! 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.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

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