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!

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.

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.

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.

Can I Expunge a Low Level Non Violent Felony?

Posted on February 1, 2022 by admin

The New Indiana Second Chance Law really can give second chances to past offenders and those arrested on minor criminal charges. If you are facing a low level non-violent felony, you are in a good position to qualify. However, it is important to understand the stipulations that go along with the criminal record expungement process and possible outcome to felony-level petitions.

Continue below to review some important considerations and facts surrounding felony criminal record expungement, plus who to trust for reliable and affordable legal assistance.

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Criminal Record Expungement and Sealing for Felonies in Indiana

Felonies are divided up into 7 levels. Level 1 felonies are the most serious, while Level 6 felonies are the least serious. Murder is the highest felony, and in a category of its own. Level 6 felonies used to be called Class D felonies. This categorization is now outdated. Level 6 felonies are considered low level, even more so if they are non-violent.

In Indiana, Level 6 Felony convictions hand down a moderate to severe criminal sentence. Generally, one can expect to be sentenced to 6 months to 2 and a half years in jail, plus ordered to pay fines up to $10,000. Additional court-ordered penalties may also arise, such as house arrest, ignition interlock devices (IID), drug and alcohol rehabilitation, restitution, community service, and more.

Expunging or Sealing a Low Level Felony

Low level felonies may qualify for criminal record expungement or record sealing if they are non-violent, plus at least 8 years has passed since the date of your arrest or conviction, or 3 years has passed since you have completed your sentence. Talk to an Indianapolis IN criminal record expungement attorney to confirm your eligibility for felony expungement or sealing, plus commence your official petition.

What You Need to Do

In order to petition for criminal expungement or record sealing, you will need to satisfy some specific responsibilities of your own. First, you must officially complete all elements of your felony sentence. This includes fines, related costs, court fees, probation, community service, classes, and more.

Next, you will need to remain offense and arrest-free for at least 8 years following your conviction or arrest, or at least 3 years following the completion of your sentence. If you get in trouble with the law during that time, or have pending criminal charges, the clock starts all over again.

Last, you need to hire an Indiana criminal defense law firm that specializes in criminal record expungement services in Indianapolis. They have the knowledge and resources necessary to push your petition through, accurately and on time.

Are you looking for an affordable lawyer to help you with your expungement application process? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana.

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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.

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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
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Can I Expunge My Adult Arrest Record in Indiana?

Posted on June 8, 2021 by admin

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.

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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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