What is Bankruptcy Fraud?

Posted on August 26, 2020 by admin

Bankruptcy is a type of legal protection for those who have no other choice but to start fresh, financially. The objective of Chapter 7 bankruptcy is to liquidate non-exempt assets and sort out as much debt as possible. However, the process of filing for bankruptcy can be complex, especially for those who are not keen to legal jargon and procedure. For this reason, many people are simply afraid to file bankruptcy out of fear that they might make a mistake and be audited for fraud. In fact, professional bankers recommend hiring an attorney to file for bankruptcy for the sole purpose of avoiding devastating errors that can lead to legal troubles.

But not to worry; unintentional bankruptcy fraud is not even fraud. It’s common error that can be resolved. If you make a mistake during the filing process, you will simply be informed and redirected. However, deliberate bankruptcy fraud is another situation; one that comes with serious legal penalties.

Continue reading to learn what constitutes bankruptcy fraud, as well as, the standard penalties for being convicted in Indiana.

Indiana Bankruptcy Fraud Lawyer 317-636-7514

Bankruptcy Fraud is a White Collar Crime

Bankruptcy fraud falls under white collar crimes, which entails federal-level offenses typically dealing with large amounts of money. When a person illegally drains the revenue and profits of a business or local economy, they have committed a white collar offense. Accordingly, a person commits bankruptcy fraud by knowingly and intentionally hiding or altering information for the purpose of gaining a financial advantage. More specifically, bankruptcy fraud occurs if an applicant purposefully hides assets, secretly transfers assets to conceal them, gives false information, bribes court-appointed trustees, files multiple times in different courts, or all a combination of the above.

Most Common Types of Bankruptcy Fraud Crimes in Indiana:

➧ Providing False Information on Documents

➧ Hiding Assets from Liquidation

➧ Attorney Filing Incorrect Paperwork on Behalf of Client

➧ Intentional Discrepancies on Bankruptcy Petition

➧ Transferring Real Estate, Money, or Assets to Family Members

➧ Filing Multiple Cases in Separate States

➧ Using Stolen Social Security Numbers

➧ Filing a False Claim

➧ Destroying or Concealing Financial Records

➧ Giving or Accepting a Bribe

➧ Foreclosure Scams

State and Federal Bankruptcy Fraud Laws

Because it is a federal offense, if you are charged with bankruptcy fraud, you will face some serious penalties if found guilty. The common consequences are denial of bankruptcy, large fines, and of course, a criminal record. Here in Indiana, bankruptcy fraud is charged as a Level 5 Felony, which is punishable by up to 6 years in prison and $10,000 in fines. More serious crimes can be punished by up to 20 years in prison and $250,000 in fines.

Who to Trust for Skilled Federal Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a federal crime in Indianapolis, or within the Central Indiana counties. Our law firm offers aggressive and experienced criminal defense for anyone facing bankruptcy fraud charges or white collar crime charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

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

Do I Call a Bail Bondsman or a Lawyer First?

Posted on August 17, 2020 by admin

A bail bondsman and a lawyer play two separate roles when it comes to assisting defendants in a criminal case. After your loved one is arrested, or after finding out that you have a warrant out for your own arrest, you might be torn between calling a bail bond company first, or a criminal lawyer. Although both are important, one should come before the other.

Continue reading to learn the order of events that should take place after becoming aware of an arrest warrant, or after your friend or loved one is arrested and taken to jail.

Indianapolis Criminal Defense Law Firm 317-636-7514

After the Arrest of Another

Let’s start with the arrest of a loved one, whether that be a relative, friend, partner, or spouse. If they are arrested, and you are appointed the duty of managing the situation, your first step is to learn more about their arrest. To do this, you would need to contact the local county jail they are being detained in, and ask the clerk for their information. They should be able to tell you the defendant’s charges, how much the bail has been set for, your options for posting bail, and the jail address and contact information.

However, if the person has just been arrested, it may take a few hours to get this information into the jail database. In this case, it is best to wait an hour or two, and then contact a local bail bond company in the county of the jail. If you are not keen on the particular county of arrest, still contact any local bail bondsman, and they should be able to find all the information you need to begin the bail process for your loved one.

Discovering a Warrant for Your Arrest

When it comes to learning of your own arrest warrant, your first step would be to contact a lawyer, rather than a bail bondsman. A criminal defense lawyer can prearrange a surrender that best accommodates a defendant and their respective families. Otherwise, surrendering to an arrest warrant alone can lead to a longer stint in county holding, and a wider range of inconveniences, such as missing work, losing wages, inability to pay bills, and more.

Where to Find Reputable Indianapolis Criminal Defense You Can Trust

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

How to Win Your DUI Case in Hamilton County Indiana

Posted on August 12, 2020 by admin

If you are facing DUI charges in Noblesville, Carmel, Fishers, or anywhere else in in Hamilton County, Indiana, you might be wondering whether or not you should plead guilty or fight the case. Although pleading guilty will cut down on time and get the case closed sooner, it does entail a list of penalties and consequences. This can include hefty fines, community service, rehabilitation, probation, drug testing, suspended drivers’ license, revocation of professional licenses, and more.

Continue reading to learn what you need to know about fighting a criminal intoxicated driving charge in Hamilton County, Indiana.

Hamilton County Indiana DUI Attorneys 317-636-7514

Drunk Driving Charges are Serious Matters

Most drunk driving defendants can get their charges reduced, but they are still found guilty. That is why the best option is to take a plea deal so you can eliminate jail time and avoid the maximum charges for your crime. However rare, there are some DUI cases that get dismissed, but for very specific circumstances. Continue reading to learn which scenarios are likely to result in a drunk driving conviction, and which ones may get a person off the hook.

A Guilty DUI Conviction

In a DUI case, a defendant is likely to receive a guilty conviction is there is simply no refutable evidence otherwise that they were drunk and operating a vehicle, or, if their BAC was high. A BAC of 0.08 is perhaps arguable in terms of time and so forth, but BAC’s over 0.15 or 0.2 can definitely not be defended in any way. A person with a blood alcohol level of a 0.15 or higher is well over the national legal limit of 0.08 BAC. It is even more impossible to refute a drunk driving charge if, on top of an illegal BAC, a driver also fails a field sobriety test and a blood test and there were witnesses to the act.

Possible ‘Not Guilty’ Scenarios

A person facing a drunk driving charge may have a fighting chance for a not guilty verdict or case dismissal under certain circumstances. For example, if a person was not actually operating the vehicle at the moment they were stopped by an officer, they could argue that they were not driving so they were not breaking the law. This can occur if a person is sleeping in their back seat while the engine was off, or if a driver pulls over to get out and walk home because they feel too drunk to drive.

Another scenario that could result in a successful trial is if a person can prove that they had more than one alcoholic drink between the time they operated their vehicle and the time they were tested by the officer. This can occur if a person drives to a bar, has a few drinks, and is then questioned by a police officer because they are sitting near their vehicle. A case could also be dismissed or found not guilty if the alcohol test was a urine test. These are not very reliable and easy to disprove in trial, especially if the defendant’s BAC was less than 0.11 percent.

These rare and unusual scenarios are still tricky to defend, and still usually result in a guilty verdict. That is why you should hire an experienced and aggressive criminal defense lawyer who can tell you whether or not you should plead guilty to a DUI charge, and why. Your seasoned Indianapolis criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges.

Indianapolis DUI and OWI Defense That You Can Trust

Call Attorney David E. Lewis at 317-636-7514 if you are charged with a DUI or other type of intoxicated driving charge in Indianapolis, Indiana. Our licensed DUI defense lawyers will work around the clock to protect your rights and preserve your freedoms, including your driving privileges. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

Can I Get Arrested For My Friend’s Drugs?

Posted on August 7, 2020 by admin

Let’s say you were at your friend’s apartment, and the cops are called. If your friend has drugs there, do you think you would get in trouble for them too? Well, it could happen. The crime is known as being in a “place of common nuisance”, and you can be arrested for it just for being near someone who has possession of drugs or narcotics.

Continue reading to learn more about what it means to be in a place of common nuisance, and what you need to do if you are ever faced with the criminal charge in Indiana.

Indianapolis Drug Possession Lawyer 317-636-7514

A Place of Common Nuisance

A place of common nuisance is any private property where illegal activity is taking place. This can be a house, boat, vehicle, apartment, hotel room, or any other private residence. The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Common Nuisance

Anyone person that knowingly visits a place of common nuisance is committing a crime, and if caught, can be charged with “visiting a common nuisance.” Here’s an example of a situation where a person can be arrested and charged with this crime, without actually taking part in the illegal activity:

Rachel is on vacation in New York City with her best friend, Ann. While out on the town celebrating, they meet a group of guys who invite them back to their place for a drink. When the girls walk into the apartment, they immediately notice some guns on the counter, and some drugs laying out on the table. They decide to stay and have a few drinks, even though they do not like guns or use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Rachel and Ann did not partake in the marijuana usage, and do not own the guns, they can be arrested and charged for visiting a common nuisance.

Maintaining a Common Nuisance

If a person allows someone, or a group of people, to use drugs or partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” For instance, if a girl lets her friend shoot up heroin in her apartment, she could be arrested and charged with this crime. The same applies to parents who allow their children to drink underage or use drugs in their home.

Get a Plan in Action for Unbeatable Criminal Defense for Drug Crimes in Indiana

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your drug possession charges in Indianapolis, Indiana. He will stop at nothing to protect your rights and preserve your freedoms after being charged with possession or place of common nuisance. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Is it Illegal to Insult a Cop?

Posted on August 4, 2020 by admin

If a person insults a police officer, can they be cited, detained, arrested, or charged with a crime? Continue reading to find out what might happen after insulting a cop to their face in Indiana.

Indianapolis Disorderly Conduct Attorney 317-636-7514

What Happens After Insulting a Police Officer

Would you dare insult a cop? Flip them off, call them pigs, or even scold obscenities that can be construed as threats of violence? Well, we hope you would not, because it can in fact get you in trouble, depending on certain factors, and of course, how thick skinned or tolerant the cops are. So, although it is not technically illegal to insult a cop, there are some circumstances in which certain kinds of insulting remarks or behaviors can land a person in court.

The Middle Finger

The middle finger has been a long-known pejorative gesture that is meant to imply insult. By flipping the bird to a police officer, you are not breaking the law. You are, however, putting yourself in the spotlight. Cops might decide that your vulgar attitude and bold behavior are indicative of public intoxication, disorderly conduct, suspicious behavior, or something else they can stop you and question you about.

Slurs and Name Calling

Calling a cop a name, such as pig, rent-a-cop, or curse word, or ridiculing their authority, is also not considered criminal activity worthy of an arrest and conviction. In fact, there have been several instances in which local and state laws have been struck down in court; laws that allowed cops to arrest someone for “verbally challenging” them with insults just like these. However, insulting a cop with vulgar name calling or deriding their authority can provoke them, and lead to you being stopped and questioned. Although it might not end in an arrest, it will take a lot of time out of your day, and being in the hot seat is very uncomfortable. Furthermore, if you are combative or uncooperative, the cops can arrest you for disorderly conduct. So, be careful starting a fight with a cop because they almost always win, at least until court.

Fighting Words

As for more severe insults, like the F-bomb and similar aggressive insults, these can be deemed verbal challenges, or “fighting words”, which can lead to an arrest for disturbing the peace or threatening a police officer. For example, telling a cop “F-YOU” is considered violence-inciting.

Call an Indiana Criminal Defense Lawyer if You Get in Trouble With Cops

If you get in trouble with the cops for disorderly conduct or disturbing the peace, you need a licensed Indianapolis criminal defense lawyer working on your case right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Possible Penalties and Convictions for Making Counterfeit Money

Posted on July 29, 2020 by admin

When you are breaking the law, you usually know it. But what you can’t accurately imagine are the possible penalties for your crimes if ever caught and convicted. As for counterfeiting U.S. money, the scope of consequences and convictions are considerable. If you are currently producing fake United States currency, or have been recently indicted on counterfeiting charges, it is in your best interest to learn what might come of your arrest if convicted in the end.

Continue reading to learn more about counterfeit money offenses and possible penalties, including where to get the aggressive criminal defense you need to avoid a white collar conviction, or in the least, a jail sentence.

Indianapolis Counterfeiting Lawyer 317-636-7514

White Collar Crimes

The offense of counterfeiting United States money falls under the category of white collar crimes. Such crimes are those that generally involve illegally draining the revenue and profits of a business or local economy. Common examples include extortion, money laundering, insider trading, and of course, counterfeiting. When it comes to counterfeiting white collar crimes, forgeries of currency are the most common, but it can also include other types of crimes, such as car parts, watches, handbags, electronics, clothing, pharmaceuticals, and more.

Penalties for Money Counterfeiting

The penalties and convictions for money counterfeiting crimes in the United States vary from state to state, and depend on several other factors, such as the severity of the crime and quantity of funds counterfeited. In all cases, counterfeiting money is a federal level offense, also known as a felony.

Here in Indiana, the possible level of offenses and penalties for forging U.S. currency are as follows:

? Forgery – Level 6 Felony – 2 to 9 Years in Prison – Up to $10,000 Fines

? Counterfeiting – Level 5 Felony – 6 Months to 3 Years in Jail – Up to $10,000 Fines

*Indiana Code Section 35-43-5-1 and 35-43-5-2 (Forgery/Counterfeiting)

Using Counterfeit Money

The act of producing and distributing forged U.S. currency is a Federal offense. So is the act of using counterfeit money; that is, if you are aware that it is fake. This is known as intentional fraud, which is a felony, the same as manufacturing counterfeit money. If you discover that you are in possession of forged currency, even if you unintentionally used some, notify authorities (a bank or police) immediately to avoid legal repercussions. A person can only be convicted of manufacturing or using fake money if it can be proven beyond a doubt they did so knowingly.

If federal agents suspect you of committing the crime of money currency, they will indict you on such charges, and then obtain a legal order to confiscate any and all personal belongings and equipment suspected of being used to commit the crime, including all electronics. Your first priority at the moment of being arrested or indicted on money counterfeiting charges is to remain silent and obtain legal counsel as soon as possible. A white collar lawyer in Indiana can build a strong defense and help you evade conviction or the maximum penalties.

Where to Find a Skilled Criminal Defense Lawyer in Indiana

If you do not already have a licensed Indianapolis criminal defense lawyer working on your Indiana white collar crime case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Can My Civil Case Lead to Criminal Charges?

Posted on July 24, 2020 by admin

Most people wouldn’t think that entering into a civil lawsuit or mediation would wind up with them facing charges in criminal court, however these scenarios do happen. Continue reading to learn when, and what you should do if your civil case leads to a criminal one.

Civil Court

Small claims court, also known as civil court, deals mostly with civil cases disputing small amounts of money. Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involves property damage, family law and divorce cases, disagreements over property ownership, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

The dollar limit that defines a small claim is $6,000 or less. However, in Indianapolis, the cap is set at $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system. In most cases, small claims court proceedings are speedy, uncomplicated, and inexpensive. They are also quite informal, so you do not need professional legal counsel, nor extensive knowledge of the law or statutes governing your case.

Criminal Court

There are two primary types of criminal courts in the United States, state courts and federal courts. Of course, within those include appellate courts, district courts, and so on. State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

When Civil Turns Criminal and Vice Versa

in most scenarios, criminal cases can lead to civil cases. For instance, if Dave punches a guy in a bar, he can be arrested under assault charges, which is a criminal case. If the victim suffers extensive injuries, perhaps a fractured jaw, broken teeth, or permanent scarring, they can choose to file a claim against Dave in civil court to recover compensation for his damages and losses, such as medical expenses and lost wages.

In the opposite scenario, there are times when a civil case can lead to a person being indicted on criminal charges. For example, if Tina files a restraining order against her ex-boyfriend, Jed, but if he violates that order, the civil restraining order case remains, plus he can face criminal charges for violating a protective order.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Do I Have to Consent to a K9 Sniff Search?

Posted on July 20, 2020 by admin

In the criminal defense field, defendants always have questions and concerns regarding the legalities of open-air K-9 dog sniff searches. The truth of the matter is, K-9 dog sniff searches do take place, and often enough. Moreover, the facts surrounding these stops and searches are complex and ambiguous. The specifics of every traffic stop and dog sniff case are factually different. For this reason, it is imperative to consult an experienced criminal defense attorney for a better understanding of the law and how it pertains to your case.

Continue reading to learn when and why a cop can perform a K9 dog sniff search, and what you need to do if facing criminal charges as a result.

Police K-9 Searches

K-9 dog sniff searches most often take place during a routine traffic stop. The legal standard for an officer’s right to pull a motorist over is vague. Essentially, law enforcement can stop a driver for almost any reason, so long as they have “good faith” or “a strong belief” that a motorist has committed a traffic violation. If later it is discovered that no traffic violation actually occurred, the police officer still had the right to make the stop. However, if it is discovered that the officer stopped the motorist for invalid reasons, anything found in or around the vehicle is suppressed in court and cannot be used against the motorist. This is why a criminal defense lawyer will initially ignore the legitimacy of the dog sniff search, and first determine if the original traffic stop was valid to begin with.

When a defendant wants to prove the unconstitutionality of an open-air dog sniff search during a routine traffic stop, they must prove two facts in a court of law: 1) There was no reasonable suspicion of criminal conduct taking place that would have validated prolonging the primary reason for the stop, and 2) once the original reason for the stop was completed, they were detained for an unreasonable amount of time in order for law enforcement to carry out the open air k-9 search.

If an officer pulls a motorist over for a minor traffic violation, issues a ticket for the infraction, and completes the process for such a stop, they have no further reason to detain the person any longer unless they have reasonable suspicion that other crimes are afoot. For example, if the officer discovers a warrant for their arrest, or a suspended license, they have the right to take more time to investigate further. But if the warrant check comes back clean and everything else is good, and the motorist is already issued a ticket for the original reason for the stop, law enforcement cannot detain the driver any longer. On the other hand, if a warrant-less K-9 sniff is performed during the original stop, and before the officers’ duties of the stop are completed, the search and seizure procedures are NOT in violation of a motorists’ constitutional rights.

Talk to a criminal defense attorney for a complete understanding of your traffic stop and resulting criminal charges. You have a stronger chance at dismissing or reducing your charges with the help of a seasoned legal defense team.

An Indianapolis Criminal Defense Law Firm at Your Service

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indiana. Our Indianapolis criminal defense law firm offers free initial consultations for anyone who wishes to discuss their recent criminal charges. If you have past convictions, we are also well-versed in Indiana expungement laws and provides criminal record expungement services starting at $850. Call 317-636-7514 to make an appointment today, and get started building an impactful defense against your Indiana criminal charges.

What are the Different Phases of a Criminal Case?

Posted on July 15, 2020 by admin

The criminal prosecution process is just that; a process that unfolds itself in a series of consecutive phases. If you are facing criminal charges, you will soon become a part of this predictable procession of events. Continue reading to learn the basic stages of a criminal case, starting with the arrest. This information can help prepare you for what’s to come, as well as, give you the knowledge you need to starting building a strong defense.

Arrest

An arrest is the very first phase in the criminal prosecution process. A person can be arrested physically, or issued an arrest warrant in which they would have to legally surrender to authorities within a specified period of time. Once a person surrenders to an arrest warrant, they are then physically arrested and booked into the jail where they will await their arraignment.

Arraignment

The next stage in the criminal prosecution process is the defendant’s first court hearing, also known as an arraignment. During this court appearance, the judge reads the defendant’s charges, and asks them to enter a plea of “no contest”, “guilty”, or “not guilty.

Although most criminal prosecutions come to an end once a defendant accepts a plea deal, or plea bargain, there are several criminal cases that go to trial and beyond. When a plea bargain is accepted, the defendant agrees to plead guilty to the criminal charges. In exchange for their guilty plea, the prosecutor typically offers a reduced conviction or sentence. See our blog, “Is a Plea Bargain the Same as a Plea Deal?” to learn more about plea deals.

Also during the arraignment, the judge generally addresses bail and schedules future court dates. Many arrestees are granted bail, and can post their bond. Some are required to stay in jail until the criminal case is over.

Preliminary Hearing or Grand Jury Indictment

For federal criminal cases, charges are brought forward with a grand jury indictment. Most often, criminal charges are brought forth by a “bill of information” obtained by a preliminary hearing, also known as a preliminary examination. On a state level, either method can be used at the state’s discretion. Both types of hearings are held for the purpose of establishing the existence of probable cause, and for both parties to make their arguments.

Pre-Trial Motions

Pre-trial motions are used by both parties to resolve any lingering issues, as well as, determine the evidence and testimonies that will be admissible during trial.

Trial

The trial is the heart of the criminal prosecution process. At a defendant’s trial, the judge (or jury) will hand down a verdict, finding them guilty or not guilty. In order to be handed down a guilty verdict, the prosecution must prove, beyond a reasonable doubt, that the defendant is guilty of the purported crime or crimes. If a defendant chooses a trial by jury, and the jury cannot reach a unanimous decision, the judge will determine it to be a mistrial. In the case of a mistrial, the charges will be dismissed, or a new jury will be appointed.

Sentencing

After a defendant is found guilty at their trial, they will be scheduled a new court date to receive their sentencing. Sentences are the penalties ordered to the guilty party, such as probation, jail time, fines, community service, and more.

Appeal

The last step of the criminal prosecution process does not always take place. If a defendant wishes to fight their conviction, and get it turned over, they must have their legal team file an appeal. Their appeal will be addressed in a new hearing by a higher court, known as appellate court.

Hire a Skilled Criminal Defense Attorney in Indiana Right Away to Fight Your Charges

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

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.