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!

Call 317-636-7514 When You Need a Criminal Record Expungement Lawyer in Indianapolis Indiana

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!

Call Attorney David E. Lewis and Start the New Year With a Clean Criminal Record

Posted on January 4, 2021 by admin

See if you qualify for Indiana criminal record expungement in 2021 by calling the Law Office of David E. Lewis Today! Act fast, before this law is repealed and your chance at a better future is lost forever!

Don’t Let the Choices of Your Past Hold You Down in 2021. Take Back Control of Your Life With Indiana’s Second Chance Law.

How to Expunge Criminal Records in 2021

Better job opportunities, better education, better housing, and more are all cases in which a poor criminal history can affect your quality of life. But that does not have to be your life this year! You might finally qualify for criminal record expungement in Indiana! Attorney David E. Lewis is your solution to cleaning up an inaccurate or long-past criminal record that has been holding you back ever since your initial arrest in Indiana.

Attorney David E. Lewis Will Ensure Your Petition is Filed Correctly

Attorney David E. Lewis is an aggressive criminal defense lawyer that offers professional assistance and counseling for those who wish to petition for criminal record expungement and record sealing in Indiana. The petitioning process is tedious and complex, so mistakes are common and simple to make. But you can only apply once in your life and one little mistake will get your application denied. He is your best chance at filing correctly so that you are not denied based on a simple clerical error or missed deadline.

Don’t Qualify Yet? Well You Might Next Year in 2022 or the Year After!

In the case that you do not qualify for criminal record expungement this year, there is no need to worry! You may still qualify to have your criminal and arrest records sealed instead of expunged. Or, you may just have to wait another year or two. It all depends on several eligibility factors. If you are unclear of the difference, then you are the same as thousands of fellow Hoosiers! Simply talk to Attorney David E. Lewis about your options for cleaning up your criminal record, and get started on a path towards opportunity and happiness!

Common Criminal Record Expungement Qualification Factors Include:

► Type of Arrest, Charge, or Conviction
► Severity of Conviction
► Time Passed Since Date of Arrest
► Your Current or Pending Legal Matters
► The Accuracy of Your Petition
► And More

Schedule a Free Criminal Record Expungement Consultation TODAY

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about expunging or appealing your arrest records in Indiana. He is prepared to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

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

Can I Expunge My Arrest if I Am on Probation?

Posted on November 17, 2020 by admin

Depending on the state you live in, or the state your charges are filed in, the criminal process of expungement, including the statutes that surround it, will differ slightly. It is best to discuss criminal record expungement with a licensed attorney that has undertaken expungement law in their practice. Choose an attorney that is well-versed in your state’s new or changing expungement laws, and you can rest assure knowing your application is in good hands.

Continue reading to learn which factors can have your application for expungement denied, and whether or not you can apply while on probation for a previous crime.

Your Possible Eligibility for Arrest Record Expungement

There are several factors that influence whether or not a person is eligible for criminal record expungement. Primarily, the person has to be crime-free and arrest-free for a number of years, and at the same time, a certain number of years must pass from the date of the criminal charge they wish to expunge. Depending on the charge, crime, and extent of criminal record, the time that must pass will vary. Generally, it must be at least 5 to 8 years for misdemeanors and felonies in Indiana, but can be up to 10 years for more serious crimes. Again, these time obligations vary depending on the state the charges were originally filed in.

For more serious felony crimes, like sexual offenses or manslaughter, are never eligible for expungement. This does not vary from state to state. And to answer the original question of applying for expungement while on probation is no. If a person has pending charges or is on probation for a recent crime, they are not eligible for criminal record expungement, and must wait at least five years from the date of their last arrest before they become eligible again. But depending on the criminal charges, it could be between 8 and 10 years.

What You Need to Do First

It is best to speak with a licensed criminal defense attorney who specializes in Indiana appeals and expungement to learn more about your eligibility. They can evaluate your case and determine the best strategy for your defense. They will be able to facilitate the entire application process for you, correctly. You only have one chance to apply and be granted expungement, once you do so, you can never do so again. So, it is imperative to have an experienced criminal defense attorney help you through the process.

Where to Get Started With Criminal Record Expungement in Indiana

Restrictions to the Indiana Criminal Record Expungement Process

Posted on July 10, 2020 by admin

After expunging your criminal records, you can legally deny any past arrests or charges to employers, landlords, and more. But there are certain limitations to criminal record expungement, and for those who wish to conceal their arrest records, it is in their best interest to learn these restrictions ahead of time.

Continue reading to learn the limitations that go hand-in-hand with expunging criminal records, and who to talk to for additional industry advice and professional counsel.

Indiana Criminal Record Expungement 317-636-7514 — Indiana Criminal Record Expungement Services 317-636-7514

A Once in a Lifetime Opportunity

When someone wants to explore their options for criminal record expungement, it is important to first and fully understand that a person can only apply and be granted expungement one time in their entire lives. This means you cannot apply to have additional criminal and arrest records expunged after already having your records concealed in the past.

If you decide to pursue criminal record concealment, be sure that all your paperwork, filing, deadlines, and additional requirements are accurate and in-line. Failing to file even one document, or filing it incorrectly, can instantly eliminate your chances of expunging your criminal history, forever. This is why it is vital to enlist the services of a licensed attorney, familiar with your state’s new expungement laws, to facilitate the entire process to ensure that everything is done properly.

Criminal History Priors

Once a person has expunged or concealed their criminal history and arrest records, they can legally state they have never been arrested or charged with a crime to landlords, employers, and more. But if this same person is arrested after their records were concealed from the public, for a petty misdemeanor crime, the prosecutor can still pull up their concealed criminal history and see that they have had priors. This bumps their misdemeanor up to a felony, even though the person’s priors were expunged. Although records can be concealed, law enforcement and government officials will forever have access to a person’s “real” criminal records, and it can be used against them in future arrests.

Serious Vocational Roles

Again, even though a person has had their records concealed from the general public, there are certain entities that can access their true records. With this said, there are also certain vocations that a person might not be eligible for if they have a criminal history because these types of employers can also access their true records. Jobs like government positions, schoolteachers, juvenile services, daycare aides, corrections officer, security guards, court administrative jobs, as well as, professionally-licensed jobs like in the medical or legal field.

Where to Get Help With Criminal Record Expungement in Indianapolis, Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for help with criminal appeals and expungement in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation, today.

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