Tag Archives: Indianapolis Expungement Lawyer

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

Posted on by

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!

Call 317-636-7514 to Speak With an Indiana Criminal Expungement Lawyer
Call 317-636-7514 to Speak With an Indiana Criminal Expungement Lawyer

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.

Related Posts:

Understanding the Impact of a Criminal Record in Everyday Life
Why Criminal Record Expungement Is Important in Indiana
Are Background Checks Keeping You From Getting a Job?

Understanding the Impact of a Criminal Record in Everyday Life

Posted on by

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. 

Call 317-636-7514 to Speak With an Indianapolis Criminal Record Expungement Lawyer
Call 317-636-7514 to Speak With an Indianapolis Criminal Record Expungement Lawyer

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!

Related Posts:

Are Background Checks Keeping You From Getting a Job?
General Q’s and A’s Regarding the Indiana Expungement Law
Are Dropped Charges the Same as Dismissed Charges?

Are Business Owners Responsible for Preventing Criminal Acts?

Posted on by

As a business owner, can you be criminally liable if you do not take the necessary actions to prevent criminal activity on your premises? This is a good question for any business owner, especially if they are currently facing charges for a similar offense. To better answer this question, take a look at a similar 2012 case, and the court proceedings that resulted. Then be sure to consult a trusted and experienced Indianapolis criminal defense lawyer for professional advice and guidance.

Indianapolis Expungement Lawyer 317-636-751

Indianapolis Expungement Lawyer 317-636-7514

Santelli v. RAHMATULLAH, 966 N.E.2d 661

Cite Numbers: 966 N.E.2d 661
Docket Number: 49A04-1011-CT-704
Filed: 3/29/2012

The case of Santelli v. Rahmatulla, 966 N.E.2d 611 was a tragic injustice to the victim’s family. In 2005, James Santelli was staying at a motel owned by Abu Rahmatullah while working on a construction project in town. Just before Santelli’s stay, Abu Rahmatullah hired a general maintenance worker named Joseph Pryor. Joseph Pryor was a convicted felon and had a warrant out for this arrest for a probation violation, but was given the job by Rahmatullah anyway.

Shortly after he quit, but held on to a master hotel key that gave him access to every room on the premises. On the night of October 16 or 17, 2005, Pryor entered Santelli’s room and proceeded to rob him, resulting in Santelli’s murder. Pryor was eventually convicted of an 85 year sentence, and is still serving that time to this day.

Rahmatullah was not charged criminally for the case even though he made some negligence business decisions. Indiana law recognizes a duty of a hotel owner to safeguard their patrons, so Rahmatullah was still held liable outside of criminal law. Not only was the motel located in a high crime area, Rahmatullah failed to keep exterior doors consistently closed, failed to keep the locks in working order, and never monitored the pool and lobby security cameras.

Furthermore, he failed to perform background checks on his staff and hired individuals with violent criminal histories. As a result, jury returned a verdict finding the total damages in the amount of $2,070,000.00, and apportioned 2% of the fault for Santelli’s death to Rahmatullah. So for his negligence and the contribution he inadvertently had in Santelli’s death, he was order to pay $41,400.00, which is 2% of the total damages found by the jury.

It was a hefty remuneration, so naturally, he appealed in 2010. The appellate court ordered the jury to be instructed on the very duty doctrine, a common law doctrine that holds a premises owner owes a level of reasonable care to protect patrons against a foreseeable crime. The Supreme Court of Indiana vacated the decision and granted transfer. The court heard oral arguments from both sides and was presented with conflicting views on the supremacy the “Comparative Fault Act”, or the “very duty doctrine. The Comparative Fault Act dictates that where a plaintiff is found more than 50% at fault, the plaintiff cannot recover.

The case sparked the interests of both the Defense Trial Counsel of Indiana (DTCI) and the Indiana Trial Lawyers Association (ITLA), which wrote opposing amicus briefs to help guide the court on the issue. The Supreme Court’s decision could have had wide-ranging consequences on business owners. If the appellate decision had remained, then Indiana business owners will potentially face enhanced premises liability for the criminal acts of others.

Is Your Criminal Record Holding You Back?

To limit such liability, business owners now have to conduct criminal background checks on all employees, which means that convicted criminals face dismal opportunities for employment and housing. If you are having trouble getting hired because of your criminal record, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers.

Indianapolis Expungement Lawyer

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. Our 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 with an Indianapolis criminal defense lawyer you can trust.