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.

Do I Have Another Option if I Lose My Appeal?

Posted on August 31, 2022 by admin

Losing is never fun. But when it comes to criminal matters, the consequences of losing in any aspect can be devastating to your future and your freedoms. After being convicted of a crime in Indiana, it is common for defendants to file an appeal with the courts to turn around a conviction or the ordered sentencing. When you lose your criminal appeal, you might immediately be asking, “what’s next?”, and you would not be alone. Most appellate court losses are followed by questions about alternative legal recourse options.

If you too have just lost your appeal, or afraid you might, continue below to learn what you need to know about moving forward from your loss.

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Why Appeals Get Approved or Denied

Going to appellate court can be intimidating because you simply cannot predict the outcome of your hearing. You may be granted an appeal under your desired conditions, or you may be denied and forced to continue with your fight to preserving your freedoms and protecting your rights. In most cases, appellate courts deny appeals because they agree with the original verdict and sentencing of the lower courts and did not verify any errors in the judicial or criminal process. If the court does have concerns or doubts about the lower court’s verdict/sentencing, or suspect errors in the process, they may grant an appeal.

Your Next Steps After Losing an Appeal in Indiana

If you do lose an appeal, you may have some options left on the table. But first and foremost, it is vital that you have a seasoned Indianapolis criminal defense lawyer working your case, otherwise you have little to no chance at obtaining a successful legal outcome. Choose an Indianapolis criminal attorney who specializes in Indiana appeals and expungements for the best chance at appealing an appellate court denial.

Depending on the nature of your conviction/crimes, here’s what a criminal defense attorney might do after you lose an appeal:

Petition For a Rehearing

Your Indiana criminal defense lawyer can petition for a rehearing to address any errors, misstatements, exclusions of information, oversights, or similar flaws in the legal process you believe impacted the appellate court’s decision.

File an Application for a Writ of Habeas Corpus

Your criminal defense lawyer can also file an application for Writ of Habeas Corpus. This is a type of post-conviction relief that is only eligible for certain criminal defendants. It is often used for convicts in prison who have exhausted all other efforts for appeals.

File a Petition to Transfer the Case

After losing an appeal in Indiana, you may be eligible to file a petition to have the case transferred to another appellate court. This option is generally fulfilled when there is a significant and strong question of law, or if there are issues with standardization in decisions.

Appeal to a Higher Court

The final “Hail Mary” option available to eligible defendants after losing an appeal is to bring their case before a higher court, either the State Court of Indiana or the Federal Supreme Court depending on the nature of their crimes. Higher courts will only see certain cases, so this is an unlikely option for the standard convict.

Do you wish you had an aggressive and skilled criminal defense attorney who can fight your appeal and give you the best chance at reducing or dismissing your conviction? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm that specializes in appeals. We can hold meetings over the phone or in person at our Indy-based office.

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.

Federal Expungement Attorney Indianapolis Indiana 317-636-7514

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.

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.

Criminal Expungement Lawyer Indianapolis Indiana 317-636-7514

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.

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.

How to Move Forward From a Criminal Past With Expungement

Posted on March 4, 2022 by admin

Are you being held back from a happier or more successful life because of your past criminal records? Indiana’s Second Chance Law may be able to help you move forward from your criminal past and regain control over your future. Continue below to learn what you need to know about Indiana’s criminal expungement and record sealing laws, including how to learn your eligibility.

Indiana Criminal Record Expungement Law Firm 317-636-7514

Restore Your Civil Rights and Brighten Your Future

The new Indiana Second Chance laws are very accommodating to past offenders and those who have been wrongful arrested or falsely accused. If you are being held back from a better job, better housing, better relationships, or even gun privileges, it is in your best interest to learn more about criminal record expungement.

If you qualify, you could have your criminal record sealed and hidden from public view; this includes current and potential employers, banks, college admissions offices, professional licensing offices, and even potential romantic interests! Just think of all the opportunities that will open up for you if you could only seal or hide your criminal past.

Qualifying for Expungement

Unfortunately, not everyone will qualify to have their records expunged. There are several stipulations, restrictions, and prerequisites that mandate whether or not a person can even qualify to expunge their criminal records. In order to qualify for expungement, your petition must demonstrate certain criteria.

Along with prerequisites and stipulations, there are also restrictions. For example, a person may only file a petition to have their criminal histories expunged one time and one time only. If they make one filing error or mistake, they lose their chance to expunge their criminal records.

With so many variables and risks at play, determining your eligibility for criminal expungement in Indiana can be a complex process. To find out if you qualify to have your past arrest records, misdemeanors, or felonies restricted from your personal record, you must consult with a licensed criminal defense lawyer in Indiana. Be sure to choose an attorney who is well-versed in the Indiana expungement and record sealing laws.

Are you ready to petition for criminal record expungement or record sealing this year? 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.

Criminal Attorney David E Lewis Indianapolis Indiana 317-636-7514

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.

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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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.

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.

Criminal Appeals Lawyer Indianapolis Indiana 317-636-7514

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.

Read This If You Are Confused About Indiana Criminal Record Expungement

Posted on August 17, 2021 by admin

Employers, landlords, banks, school admission offices, professional licensing organizations, and even the general public can access municipal record directories to a person’s criminal history. Such access will give someone information about past infractions, arrests, charges, convictions, court sentences, and even rehabilitation orders. Therefore, if you are someone with a criminal record, you might want to know how to restrict these records from public access by taking advantage of the new Indiana criminal record expungement or record sealing laws. Whether you are granted expungement or record sealing will depend on several factors, primarily your individual case history.

Continue reading to learn the basics surrounding criminal record expungement and sealing in Indiana, including how to confirm your eligibility and get started on your petition as soon as today.

Indiana Criminal Record Expungement Lawyer 317-636-7514

Hire a Criminal Record Expungement Lawyer in Indiana

If you are having trouble understanding the various laws, restrictions, and processes surrounding criminal record expungement, do not feel defeated. These laws are highly complicated, thus requiring an acute and extensive knowledge of the law to fully understand how it works. So, your best course of action to take is to contact a licensed Indianapolis criminal defense lawyer who specializes in appeals and expungement, and who is well-versed in the New Indiana Second Chance Law. Your lawyer will be able to describe all aspects of the relevant law to you with a unique focus on your particular case history. In contrast to law books and legal references, they can debrief you on all your options and requirements in a language you can clearly understand.

Learn About Criminal Record Expungement

The new Indiana criminal record expungement law officially took effect on July 1st of this year. This law allows people to petition for misdemeanors and Class D Felonies to be expunged or restricted from their personal records. This means employers would not be able to see criminal histories of potential employees by running standard background checks. This new law has the potential to change lives for people who have had trouble gaining or retaining employment due to their criminal backgrounds.

Unfortunately, not everyone qualifies to have their records expunged or sealed. There are several conditions, restrictions, and requirements that dictate a person’s qualifications for approval. Fortunately, numerous people do qualify. You cannot truly know until you speak with a lawyer and have them review your case. In order to be eligible, a defendant’s application must establish certain criteria.

Some common ones include time passed, type of crime, habitual offenders, and more. Furthermore, a defendant cannot have any current or pending charges against them, they must have a valid drivers’ license, and they must have successfully completed their sentence and all legal obligations surrounding their crime, including probation. If a defendant meets all these conditions, they may be eligible; however, there are still many more types of criteria to pass. Only a lawyer can help you accurately determine your eligibility.

Potential Restrictions

Along with prerequisites and stipulations, there are also restrictions that can prohibit a person from qualifying for criminal expungement. On this list of restrictions, a person who intends to clear their criminal history cannot restrict this information from criminal justice agencies and child service agencies. Moreover, a person can only file a petition one time; however, they can petition to expunge several convictions at once if they qualify.

Are you ready to get your petition for criminal record expungement or sealing started today? 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.

You Might Also Read:

Who Can Access Expunged Criminal Records?
Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?