Can I Expunge a Low Level Non Violent Felony?

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.

Expungement Law Firm Indianapolis Indiana 317-636-7514
Expungement Law Firm Indianapolis Indiana 317-636-7514

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 This categorization is now outdated.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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Indianapolis Criminal Defense 317-636-7514
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How to Reduce Your Criminal Charges

After being arrested, the reality soon sets in. No one wants to face serious consequences or legal penalties that go along with being charged with the crime, let alone be convicted of one. Because once convicted, a person tends to face a whole other set of challenges in life, like applying for jobs, entering the dating world, applying for loans, sending in college application forms, signing a lease of the landlord, and much more. A criminal record can impact all of these areas of life and more. As a result, most criminal defendants immediately look for ways that they can reduce, or better yet dismiss, the criminal charges they are facing.

If you are currently facing criminal charges and seek to reduce or dismiss them, continue reading to learn tips on how to do so and where to get started on your defense.

Criminal Defense and Appeals Indianapolis IN 317-636-7514
Criminal Defense and Appeals Indianapolis IN 317-636-7514

Plea Bargains and Plea Deals

Plea bargains and plea deals are the same. No matter what you choose to call them, plea bargains are a legal agreement that can truly help the outcome of your criminal case. A plea bargain is your number one method of reducing your criminal charges. Typically offered by the prosecution, but sometimes also the judge or presiding magistrate, plea deals are generally a common element of every criminal case. Most criminal defendants are offered some sort of plea bargain to reduce their criminal charges or subsequent penalties.

Plea Bargain – A deal made between prosecution and criminal defendant for the purpose of abating maximum penalties and subsequent legal consequences for the criminal conviction they face. Basically, each side gives up something to receive something in return.

How a Plea Deal Can Help You

A plea deal can help you in many ways. Most often, a plea deal involves the prosecution agreeing to not bring your case to trial, and therefore, not subject you to the fullest conviction for your charges. Although you make a deal to plead guilty for the criminal charges, your charges are lowered and you are granted leniency when it comes to the scheduled legal penalties for such charges, such as jail time, license suspension, probation, house arrest, fines, and more.

Has it been more than 3 years since you were charged with a Class D felony in Indiana? A new law has passed that may allow you to reduce this charge to a Class A misdemeanor. Contact an Indiana criminal appeals lawyer to determine your eligibility.

Not All Cases Involve Plea Deals

Keep in mind that plea deals are not offered in every single criminal case, as they must be approved by the court. For this reason, it is vital that you hire a private Indianapolis Indiana criminal lawyer to build a strong and impactful defense against your charges. They can either dismiss your criminal charges altogether, or get you the best plea deal possible.

Avoid the maximum penalties for your criminal charges by hiring a seasoned criminal defense attorney in Indiana. Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation, today.

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Indianapolis Criminal Defense 317-636-7514
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Your Guide to Appealing an Indiana Criminal Conviction

Although you were handed a guilty conviction by judge or jury, you do not have to accept it just yet. The U.S. Constitution gives American citizens the right to appeal their criminal conviction by requesting a new trial. Continue reading to learn more about the process of criminal appeals, and who to trust for advice regarding your recent conviction. Most often, a defendant would use their current criminal defense attorney to represent their appeal. For your appeal, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

Retaining appellate criminal defense is the first step to your appeals process. Continue below to learn more.

Indiana Appellate Lawyer 317-636-7514
Indianapolis IN Appellate Lawyer 317-636-7514

Motion to Withdraw a Plea

It is important to understand that you cannot appeal your conviction if your plead guilty, or entered a plea of no contest (nolo contendere). If you plead one of the two, you must first enter a motion to withdraw your plea, which is an entirely separate process than appeals. Under these particular circumstances, some states permit defendants to a limited indirect appeal without filing for a motion to withdraw. This is known as filing a “writ of habeas corpus.”

Because the appeals process varies greatly from state to state, the option to go this route is dependent on various factors unique to a defendant’s case and criminal charges. It is best to consult with your trusted criminal defense attorney for professional recommendations distinctive to your case.

2 Step Appeals Process

An appeal is an official legal document that states the lower court’s ruling as incorrect. They must be filed within 30 days of your conviction, so it is important to act fast if you want to move forward with turning over your conviction. There are two primary steps to filing an appeal once you’ve retained professional legal representation. The first step is to file a notice of appeal and send it to the court that sentenced you. This is a one to two page formal document that notifies the court that you are challenging their ruling against you, and that you are taking your appeal to the next highest court for re-adjudication.  

Once you have sent your notice to the court, the second step is to file your appeal with the appellate court, which is the next highest court that has jurisdiction over your case. Along with filing your appeal, you must also file an “appellate brief.” An appellate brief is a document that contains a legal discussion explaining why the lower court’s ruling was incorrect. Most often, filing an appeal is not free. Not only do you have to pay for legal representation, but you must also pay to obtain a transcript record of your first case, as well as, court fees, filing fees, and more.

To get started on your appeal, contact a trusted and licensed criminal defense lawyer in your city. They have the knowledge, resources, and skill to advise you on the best course of action for your conviction. Just be sure to act fast since appeals must be filed within 30 days.

Were you convicted of misdemeanor or felony crimes in Indianapolis, Indiana? Contact Attorney David E. Lewis at 317-636-7514 to file an appeal or expunge your criminal record. We offer free initial consultations to discuss your charges and the best strategies for defense!

You Should Read:

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Indianapolis Criminal Defense 317-636-7514
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Learn More About Your Level 2 Felony Offense

Were you recently arrested in Indiana, and now facing Level 2 felony charges? If so, your most important priority is to retain the services of a skilled and aggressive criminal defense lawyer to protect you from the maximum penalties that are handed down for such offenses. Why is this so important? Because felony offenses are more serious, far more serious than misdemeanors.

Continue reading to learn what you need to know about your Indiana felony charges.

Federal Crime Lawyer 317-636-7514
Federal Crime Lawyer 317-636-7514

Felony Offenses and Penalties in Indiana

Formally known as a Class B Felony, a Level 2 felony offense is serious since it is the second highest felony a person can be charged with in Indiana. Felonies are crimes against the federal government, which is why they are also called federal offenses. Here are the current levels of punishment for felony crimes in Indiana:

Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder.

▶ Murder – Most Serious
▶ Level 1 Felony
▶ Level 2 Felony
▶ Level 3 Felony
▶ Level 4 Felony
▶ Level 5 Felony
▶ Level 6 Felony – Least Serious

Level 6 Felonies

Level 6 felonies are the least serious of them all. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-7(b). Currently, Level 6 felonies are punishable by 6 months to 2 1/2 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

* Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors.

Level 5 Felonies

Level 5 felonies are a tad more serious, but still low on the spectrum You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-7(b). Currently, Level 5 felonies are punishable by 1 to 6 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 4 Felonies

Level 4 felonies are the next level. Indiana criminal law. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-5.5. Currently, Level 4 felonies are punishable by 2 to 12 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 3 Felonies

A Level 3 felonies are serious. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-5(b). Currently, Level 3 felonies are punishable by 3 to 16 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 2 Felonies

Level 2 felonies are even more serious. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-4.5. Currently, Level 2 felonies are punishable by 12 to 30 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 1 Felonies

A Level 1 felony comes right before the most serious crime of Murder. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-4. Currently, Level 1 felonies are punishable by 20 to 40 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Murder

Murder is the most serious felony. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-3. Currently, Murder is punishable by 45 years to life in jail, as well as, the death penalty, fines up to $10,000, and court-ordered penalties.

How to Fight Your Indiana Felony Charge

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense for felony crimes in Indianapolis, Indiana for your charges. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

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

Information About State Felony Appeals and Criminal Defense

If you have been convicted of a state-level felony offense, you are in need of immediate criminal defense! Learn what you need to know about appealing a felony conviction and where to find aggressive legal representation to fight for your rights and preserve your freedoms.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Your Right to an Appeal

Those convicted of a state felony offense, but have not yet pleaded guilty to the conviction, may have the opportunity to appeal in a state court of appeals. Unfortunately, those who have already plead guilty to a state felony crime have also forfeited their right to an appeal.

Your Criminal Defense Lawyer’s Role

In order to appeal a felony conviction, you would need to present your appeal to a state appellate court. Appellate courts are much different from criminal courts in terms of process and procedure. So in order to present an appeal to the best affect, you would need the services of a skilled criminal defense lawyer. They have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Appealing a Felony Conviction

As the defendant, you hold the burden of proving your appeal. In fact, the opportunity to appeal will not be offered to you by the courts, which means you alone have the responsibility of asking your criminal defense lawyer to put an appeal into motion. Keep in mind that criminal defense lawyers will not automatically file an appeal if a case is lost, unless it is officially requested by the client.

Winning Your Appeal

The progress of your appeal depends on the ruling of an appellate judge. The judge will review the case presented by you and your lawyer, and then decide whether or not there the appeal has any merit and deserves an appeal. If the appellate judge decides that the appeal is not valid nor warranted, it will be denied at your appellate hearing.
In the case that an appeal is granted, both the prosecution and the defense must turn in written briefs for appellate review; then a new verdict can be handed down by the judge. State court of appeals may declare a mistrial, overturn a guilty verdict, or reduce the original conviction.

Indianapolis Criminal Defense That Fights For You!

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.