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!

Employee Background Checks: Top Myths Debunked

Posted on October 20, 2023 by admin

In the realm of hiring and recruitment, employee background checks have become a standard procedure for many companies. These checks are done to ensure that potential employees have no red flags in their past that could negatively impact their performance or the company’s reputation. However, there are plenty of misconceptions and myths surrounding these background checks that often lead to confusion and misinformation.

In this blog post, we will debunk some of the top myths about employee background checks and shed some light on the truth behind them.

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Top Myths About Employee Background Scans

Myth 1: Background Checks are Only Used for High-Level Positions

One of the most common misconceptions about employee background checks is that they are only required for senior or executive positions. This could not be further from the truth. In reality, background checks should be conducted for every candidate, regardless of the role they are applying for. After all, a company’s success depends on the collective efforts and actions of all employees, not just those in top positions. Additionally, conducting background checks for every candidate ensures fairness and consistency in the hiring process.

Myth 2: Background Checks Only Look at Criminal Records

While checking criminal records is an essential part of employee background checks, it is not the only aspect that is evaluated. Background checks also involve verifying employment history, education credentials, and professional licenses. These checks help to confirm the accuracy of the information provided by the candidate on their resume and in job interviews. They also provide insight into a candidate’s work ethic and qualifications for the position.

Myth 3: A Criminal Record Automatically Disqualifies a Candidate

Another prevalent myth is that having a criminal record automatically disqualifies a candidate from being hired. While certain criminal convictions may make a candidate ineligible for specific positions, most companies do not have an absolute ban on hiring individuals with criminal records. Each case is evaluated individually, taking into consideration the nature and severity of the offense, how long ago it occurred, and its relevance to the job. Giving individuals with criminal records a fair chance at employment can also be beneficial for society, reducing recidivism and promoting rehabilitation.

Myth 4: Job Interviews are Enough to Assess a Candidate’s Background

Some companies believe that conducting thorough job interviews is sufficient to evaluate a candidate’s background. However, this is not always the case. Interviews rely heavily on a candidate’s self-reporting, which may not always be accurate. Conducting background checks provides an objective and more comprehensive evaluation of a candidate’s background and can uncover any red flags that may have been missed in the interview process.

Myth 5: Background Checks are Expensive and Time-Consuming

It is true that conducting employee background checks does require some investment of both time and resources. However, with advancements in technology and online databases, background checks have become more accessible and affordable than ever before. Also, the cost of hiring an employee with a troubled past can be much higher in terms of potential legal fees, damage to company reputation, and loss of productivity compared to the relatively small expense of conducting a background check.

BONUS- MYTH #6: You are Stuck With a Damaging Criminal Record for Life

You do not have to be stuck with a poor criminal record forever. Here in Indiana, many past offenders qualify for criminal record expungement and record sealing. Also known as Indiana’s Second Chance Law, this law makes it possible to conceal past criminal records from the public and most employers. If you qualify for expungement or sealing, your employer will not have access to your criminal record during background checks, unless they request the information directly from a courthouse in which the case was heard.

Conclusion

Employee background checks are an essential part of the hiring process and can help companies make informed decisions about their potential employees. However, it is crucial to separate myths from facts when it comes to these checks. Conducting fair and thorough background checks not only ensures a safe and productive working environment but also allows individuals with troubled pasts a chance at redemption. So, the next time you hear one of these myths, remember the truth and make informed decisions when it comes to employee background checks.

Are you ready to submit your petition for record sealing or expungement in Indiana? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal expungement lawyer in Indianapolis, Indiana. Our legal team is devoted to providing astute and aggressive criminal defense for appeals, all while fighting for your entitlement to a reduced or dismissed conviction.

How to Get Started with the Process of Criminal Record Expungement in Indiana

Posted on May 24, 2023 by admin

Are you looking to clean up your criminal record and get a fresh start? If so, then the process of criminal record expungement in Indiana may be right for you. Expunging or sealing your criminal records can help improve your reputation, employment opportunities, housing prospects and more.

In this blog post, we’ll explain how to get started with the process of criminal record expungement in Indiana. We’ll also discuss why it is important to seek legal assistance from an experienced expungement lawyer during the process. So, if you are ready to learn more about how to clear your criminal record in Indiana, keep reading!

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Indiana Criminal Expungement Process

In Indiana, you can file to have your criminal record expunged or sealed. Expungement is the process of permanently deleting all records related to an arrest or conviction from public view. Sealing a record removes it from public view but does not delete it entirely; if the court ever needs to access the information, they will be able to do so. Both processes can help improve your reputation and job prospects by preventing employers, landlords and potential partners from seeing past mistakes.

Getting Started With Criminal Record Expungement

☑ Understand What You’re Up Against

The first step in the process of criminal record expungement in Indiana is understanding which arrests and convictions are eligible for expungement/sealing. Not every case qualifies for this type of relief – only certain offenses can be dismissed, such as misdemeanors, felonies, and some juvenile offenses.

☑ Gather Your Records

Once you have reviewed the eligibility guidelines, you’ll need to collect all of your court records related to the arrest or conviction. You can request these documents from the court clerk in the county where your case was heard.

☑ Fill Out and Submit the Petition

Next, you will need to fill out an expungement/sealing petition and submit it to the court with a filing fee. This form explains why you are requesting relief from your records and includes evidence such as letters of recommendation that support your claims. The court will review this form before deciding whether or not to grant your petition. If approved, they will sign an order stating that the record has been cleared or sealed.

Seek Out Legal Advice From an Expungement Lawyer

While this is a relatively straightforward process, it is important to seek legal assistance from an experienced expungement lawyer during the application process. An attorney can help you understand the eligibility criteria and make sure that your petition meets all of the requirements. They will also be able to advise you on other steps such as filing fees and submitting documents correctly. Having a knowledgeable attorney on your side is key to getting approved for criminal record expungement in Indiana.

If you make just one minor error during the criminal record petition process, like a misspelled name or missed filing deadline, your petition will be rejected. From there, you will no longer be eligible to file for criminal expungement or record sealing ever again. You can only submit one petition in your lifetime. This is reason enough to enlist the services of a criminal record expungement attorney in Indianapolis to navigate the process for you.

Conclusion

Now that you know more about how to get started with the process of criminal record expungement in Indiana, you can take the first step towards clearing your past and starting fresh! Just remember that it’s essential to hire an experienced Indianapolis expungement lawyer who can guide you through this complex legal process. With their help, you can take a proactive approach to cleaning up your criminal record and creating a better future for yourself.

Understanding the Impact of a Criminal Record in Everyday Life

Posted on April 12, 2023 by admin

Having a criminal record can have an immense impact on your life. It can make it difficult to find jobs, housing, and even educational opportunities. But while the consequences of having a criminal record are real, there may be ways to mitigate them by expunging or sealing your record or appealing a conviction.

In this blog post, we’ll discuss how understanding the effects of a criminal record in everyday life is essential for making informed decisions about your future. We’ll also explore some strategies that you can use to minimize the damage done by past mistakes including criminal appeals and background checks. Finally, we’ll look at the process of expungement so you know what options are available if you want to clear your name once and for all.

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How a Criminal Record Can Hold You Back in Life

The most obvious impact of having a criminal record is the difficulty finding a job or being considered for a promotion within current employment. Since many employers conduct background checks, they may decide not to hire or promote an applicant with a criminal record. This can make it difficult to secure employment and work towards financial independence. Additionally, some housing and rental applications conduct background checks, so it is possible that your application to rent an apartment or lease a vehicle could be rejected due to your criminal history. Furthermore, certain educational opportunities may become inaccessible if you have been convicted of a crime, as well as your dating and social life.

Appeals for Recent Criminal Records

While these consequences are serious, there are ways to reduce their impact on your life. If you were convicted of a crime but believe that you have been wrongfully accused or punished, you can file for an appeal through the appellate court system in your state or country. Depending on the outcome of your appeal, it may be possible for you to clear your name and potentially have the charges removed from your criminal record. Additionally, depending on which state you live in, there could be an option to expunge or seal a criminal record so that employers or landlords cannot see it during background checks.

Criminal Record Expungement and Record Sealing

For those wanting to pursue expungement of their older criminal records, the process is typically quite complex and can vary greatly depending on where you are located. Generally speaking, a person must first file a petition with the court that outlines why they believe their conviction should be vacated or expunged. After this is done, the prosecutor may review the case and decide if they will agree to an expungement or not.

If they agree, the court will typically hold a hearing to discuss the petition and make a final decision. From there, the petitioner can take further action if they need to in order to clear their name. It is necessary to hire an experienced criminal record expungement lawyer to manage your petition because it is a difficult application process and you are only allowed to file one time in your life. Just one innocent mistake, like a missed deadline or skipped line, will result in your petition being denied.

Indiana’s Second Chance Law

Indiana’s Second Chance Law is a state statute that allows eligible individuals to have their past criminal records expunged or sealed. This law is designed to help people who have made mistakes in their past and want to start over with a clean slate. It can be a game-changer for those who are struggling to find a job, housing, or schooling due to their criminal history. The Second Chance Law provides a path for redemption and the opportunity for individuals to regain their rights as citizens. However, it is important to note that not all convictions are eligible for expungement, and the process can be complex. Therefore, it’s crucial to seek legal advice before pursuing the expungement process. Overall, Indiana’s Second Chance Law offers hope and a chance for a brighter future for those who qualify.

Clean Up Your Criminal History This Year!

Understanding the impact of a criminal record in everyday life is essential for making informed decisions about your future. Knowing which avenues that you have available to minimize the damage done by past mistakes can empower you to create a better future for yourself. Whether that means filing an appeal or seeking expungement of your conviction, it’s important that you understand your options before taking action. With knowledge comes power, so make sure you do your research and get informed about how to best manage the effects of having a criminal record on your life!

Are you ready to expunge, seal, or appeal a conviction so that you can have a cleaner permanent record? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our services for expunging and sealing criminal records starts as low as $850, so act now before it’s too late!

Why Criminal Record Expungement Is Important in Indiana

Posted on November 22, 2022 by admin

Criminal record expungement can help people in Indiana clear their criminal record and start fresh. A criminal record can make it difficult to find a job or housing, and can impact many other areas of life. Expungement can help people get on with their lives and rebuild their lives after making a mistake. Continue below to learn how.

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What is Criminal Record Expungement?

A criminal record is a record of criminal offenses that an individual has committed. These records can be difficult to deal with, as they can impact many areas of life, such as finding a job or housing. Criminal record expungement is the process of having these criminal records cleared, so they no longer appear on an individual’s record. This can be a huge relief for those who have made a mistake in their past and are looking to move on.

How Criminal Record Expungement Can Help People in Indiana

There are several benefits to criminal record expungement. Perhaps the most obvious benefit is that it can help people find jobs and housing. A criminal record makes it much more difficult to find employment or a place to live, but once the criminal record is expunged, this information is no longer accessible by potential employers or landlords. Criminal record expungement can also help people regain their right to vote or serve on a jury.

The Process of Criminal Record Expungement

The process of criminal record expungement can be complicated, and it is important to seek legal assistance in order to make sure the process goes smoothly. There are certain requirements that must be met in order to qualify for criminal record expungement, such as having no pending criminal charges and having completed all terms of your sentence.

Getting Started With Your Expungement Petition

If you are eligible for criminal record expungement, it can be a huge relief and can help you start fresh after making a mistake in the past. Contact a criminal defense attorney in Indianapolis who specializes in Indiana expungement law to see if you qualify.

Conclusion

Criminal record expungement is the legal process of sealing or deleting a criminal record. This process can help people in Indiana clear their criminal history and start fresh. The steps involved in this process vary depending on the state, but typically include filing a petition with the court and attending a hearing.

If you’re interested in clearing your criminal record, it’s important to speak with an attorney who can help guide you through the process. Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal record expungement lawyer in Indianapolis, Indiana. Our services start as low as $850! Learn your eligibility for free, today.

Can I Expunge a Federal Drug Possession Record?

Posted on July 19, 2022 by admin

Were you charged with a small possession drug offense years ago? You may be eligible now to seal or dismiss the record of offense, even if it was on a federal level. Continue below to learn if you qualify for federal criminal record expungement or sealing, plus how to get started on your petition in Indiana.

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Expunging Federal Adult Criminal Records

Some federal judges have discretion of power, which means they can freely choose to expunge a criminal record. Unfortunately, most judges, if any, will not blindly grant expungement for a federal drug record just because they were asked politely and within due process. But there is light at the end of the tunnel for some.

Dismissal of the Case

Anyone arrested or charged with a minimal amount of certain drugs in their possession might qualify for an expungement alternative known as dismissal of the case. Although one must first qualify to be granted a dismissal, it does give the claimant the right to deny ever being charged or convicted. This is commonly granted to those with small level drug possession offenses on their juvenile record.

Basic Qualification Guidelines:

In order to qualify for dismissing or sealing a federal drug possession record, your case must meet certain, specific requirements. Here are the most impactful prerequisites:

First Offense

Not only must the drug possession offense be small in quantity or weight, but it must also be your first time being charged or arrested for a crime.

Quantity or Weight

In order to qualify for dismissal of case or record sealing, the drugs you had in your possession must be small or low in weight and quantity. Small possession of illegal simple drugs is the key phrase here.

Specific Drugs

Not all drugs, even in small amounts or numbers, qualify for federal record sealing or dismissal. Drugs that qualify include marijuana and cocaine, as well as cocaine-based drugs like heroin and methamphetamines.

Condition of Possession

Under what condition were you in possession of simple, illegal drugs? If the drugs were prescribed by a licensed physician or you got them using a forged or phony prescription, your case does not qualify for federal record sealing or expungement.

Are you worried about a criminal record from your history and wish to see if you qualify for criminal record expungement or sealing in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our Indianapolis criminal defense law firm can hold meetings over the phone or in person at our Indy-based office.

Are Background Checks Keeping You From Getting a Job?

Posted on April 5, 2022 by admin

Until the boom and innovation of the Internet, job applicants had more privacy when submitting their resumes and CVs with a potential employer or company. Today, the personal lives of job seekers are more exposed due to the accessibility of background check technology and criminal history scanning. If you have experienced job rejection over and over again after being subjected to a background scan, or if you have been overlooked for job promotions due to your criminal history, you may be happy to learn that there could be a solution to your vocational challenges and setbacks.

Continue reading to learn how you can prevent background checks from getting in the way of your career goals.

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Background Check Basics

When you search the Internet, you will find that there are thousands of background check resources available. Some are free, while others charge a fee depending on how comprehensive of the scan you want. In terms of employers, companies generally perform a comprehensive background check that would reveal a person’s criminal history, and perhaps even their employment and rental history.

These background check portals are available to the general public, which includes your employers, as well as the person you just asked that on a date, your school admissions office, your landlord, your bank, your mother-in-law, your next-door neighbor, your coworker, and anyone else who wants to know what your personal record holds.

With a better understanding of how easily accessible background check resources are online, you can now understand why it is so important to clean up your criminal record. After all, it is the criminal part of a personal record that generally holds a person back from getting a job or obtaining a desired job promotion. This is the area of focus you want to put your energy into.

Criminal Record Expungement

Here in Indiana, legislation has passed a new criminal record expungement law known as Indiana’s Second Chance Law. For those who qualify, the Indiana Second Chance Law allows approved petitioners to expunge or seal arrest records, and in some cases, criminal records, from their personal history reports. Once expungement or record sealing is approved, the general public can no longer access said criminal record. However, law enforcement and federal government authorities can. With criminal record expungement and record sealing services available for those who qualify, job seeking looks much more promising.

Seek Professional Legal Assistance to Get Started

Criminal record expungement and record sealing comes with all sorts of complex stipulations and procedures. It is vital that you outsource professional legal assistance to help you fill out and submit your cruel record expungement petition. Applicants are only allowed to petition for criminal record expungement and record sealing one time, so if they mess up, they lose the chance forever. This is why it is important to have an Indianapolis expungement lawyer assist you through the process.

Criminal record expungement services in Indiana start as low as $850 when you choose the Law Office of David Lewis. Contact us at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

General Q’s and A’s Regarding the Indiana Expungement Law

Posted on December 15, 2021 by admin

If you are interested in learning about sealing or expunging your past arrest records, it is wise to gather as much information as possible to fully understand what to expect from the process. Not everyone qualifies for criminal record expungement; but just because you do not qualify now does not mean you won’t qualify later. Criminal record expungement is a complex law and an even more complicated process. It is vital that you seek professional legal counsel in order to properly petition for criminal record expungement in your state.

Get started by reviewing the common questions and answers about criminal record expungement, below.

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Indiana Criminal Record Expungement

What is the Difference Between Expungement and Sealing?

An expungement is the process in which a petitioner asks the court to seal all court records and arrest information pertaining to a particular event on a person’s criminal record. Record sealing is very similar, except that if a person was arrested and found 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 similar forms of the general public.

How Much Does Criminal Record Expungement Cost in Total?

The cost to seal criminal records varies from state to state, and from person to person. Since it is strongly encouraged to hire a lawyer to help with the petitioning process, the majority of the cost will go to paying your lawyer. Lawyer fees for this service can range anywhere from $75 to $250 or, per hour. In addition to lawyer fees, you can expect to pay legal and court fees that should add up to $150 or so.

Can I Petition for Criminal Record Expungement While on Probation?

A person will not qualify for record sealing if they are currently on probation for another crime. Furthermore, anyone with pending criminal charges will not qualify as well.

How Long Does the Criminal Record Expungement Process Take From Start to Finish?

The amount of time it takes from meeting with a lawyer and submitting your petition, to actually being granted expungement, depends on several factors. In most cases, the process takes an average of 6 months to a year. However, the process can take twice as long for more complex cases.

How Do I Get Started on My Criminal Record Expungement Application?

Expunging and sealing arrest records differs from case to case in many ways, but they both render the same wonderful 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. This is why it is vital to hire an experienced Indianapolis criminal defense attorney to help you file for criminal record expungement accurately.

Are you interested in applying for criminal record expungement for 2022? 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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How to Appeal Your Indiana Criminal Sentence

Posted on October 19, 2021 by admin

Whether you have been wrongfully convicted or sentenced too harshly, your best recourse is to file a criminal sentence appeal. Continue reading to learn how to appeal your Indiana criminal sentence, including who to trust for superior and aggressive criminal defense representation.

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Appealing a Criminal Sentence Requires the Help of a Skilled Lawyer

If you want to successfully appeal a criminal sentence in Indiana, you will need a skilled and seasoned defense lawyer who has experience with criminal appeals and expungements. Without the help of an experienced criminal defense lawyer, your chances that appealing or reducing your criminal sentence are few and far between.

Criminal Convictions Versus Criminal Sentences

First you are convicted, meaning you are found guilty of the charges brought against you. Once you are convicted, you will be sentenced to certain penalties for your fence. However, you can appeal your conviction and your criminal sentence at the same time. However, you have a limited period of time to file a notice of appeal, which is just another reason why it is so important to hire a professional criminal defense lawyer to navigate your proceedings. Your attorney can make sure that you meet all deadlines and submit all necessary documents to move forward with a successful criminal sentence appeal.

Appealing Legal Errors

The majority of criminal sentences that are appealed successfully are those that contain legal errors that contributed to the conviction or sentencing in the first place. For instance, if the judge makes a mistake applying the law in your sentencing or applies the wrong sentencing factors or the wrong penalty provisions, you have a good chance that appealing since the errors led to an incompatible or unfair sentence.

Plea Bargains

Sometimes, plea bargains include a clause that waive a defendant’ rights to an appeal if they accept the plea bargain. So, if you plead guilty pursuant to a plea bargain, and the plea deal contained declarations that waive your right to filing an appeal afterwards, you cannot appeal your sentence or conviction. You may be eligible for criminal record expungement after some time passes from the date of your conviction.

Losing Your Appeal

If your criminal sentence appeal is unsuccessful, your defense attorney may be able to submit a criminal record expungement application for you. A new law in Indiana allows past offenders Indiana allows certain people to or seal their criminal records from the public, making it much easier to get a job, get a loan, apply to college, rent housing, and much more.

Are you looking for a skilled Indiana criminal defense attorney who can appeal or reduce your criminal sentence? Contact Attorney David E. Lewis at 317-636-7514 for qualified legal representation for criminal appeals and expungement in Indianapolis, Indiana.

Can All Criminal Records Be Expunged in Indiana?

Posted on September 24, 2021 by admin

Having a criminal record in Indiana holds you back from a heap of opportunities. From employment and school admissions to promotion prospects, banking, leasing a residence, and even dating, your criminal record can play a role in various aspects of your life, and not in a good way. Now that Indiana has a new law permitting the expungement or ceiling of criminal records, you might be wondering which criminal records of yours are eligible. This is a smart question because not all criminal records can be expunged in our state.

Continue reading to learn more about criminal record expungement in Indiana, including which criminal records can be expunged and which cannot.

Expungement Lawyer Services Indianapolis IN 317-636-7514

Indiana’s Second Chance Law

Indiana’s Second Chance Law is a new law recently passed allowing allows those with criminal charges, convictions, and arrests to clear such criminal history upon qualification. However, perhaps the most important rule to expunging a criminal record in Indiana is that a petitioner can only file once in a lifetime.

To make matters more complicated, if a mistake is made, such as a simple spelling error or missed deadline, it could cause an expungement petition to be rejected. In such case, the petitioner would lose their chance to file for expungement forever. For this reason, it is vital to hire an Indiana criminal appeals lawyer for legal assistance with criminal record expungement.

Ineligible Criminal Records

Some criminal charges and convictions are not eligible for expungement. Regardless of how long it’s been since the date of the suspected offense, many felony convictions cannot be expunged in Indiana. Charges in convictions not eligible for expungement include, but are not limited to, the following:

▸ Murder
▸ Sex Crimes
▸ Reckless Homicide
▸ Manslaughter
▸ Feticide
▸ Human Trafficking
▸ Assisting or Causing Suicide
▸ Transferring Contaminated Bodily Fluids
▸ Registered Sex Offenders
▸ Inappropriate Communication with a Child

There are additional charges and convictions that do not qualify for criminal record expungement. Ask your Indiana criminal record expungement lawyer for a complete list on eligible and ineligible records.

What You Can Expunge or Seal From Public Access in Indiana

When it comes to arrest records, so long as there was never a conviction you may qualify to expunge or seal this criminal history from public access in Indiana.

As for misdemeanor convictions, most can be expunged or sealed under the criminal record expungement law in Indiana. However, certain qualifications may apply.

Level 6 felonies, formerly referred to as Class D felonies, may qualify for criminal record expungement or criminal record sealing under certain circumstances.

Are you looking for an aggressive criminal defense attorney to appeal your criminal conviction? Or are you interested in cleaning up your criminal history by taking advantage of Indiana’s Second Chance Law? If so, contact the Law Office of David E. Lewis at 317-636-7514 for professional legal assistance with criminal record expungement and appeals in Indianapolis, Indiana.

You Should Also Read:

The Difference Between a Delinquent Offense and a Status Offense
Common Criminal Law Terms and Definitions
Criminal Record Expungement FAQS for 2021