Tag Archives: criminal record expungement lawyer

How an Expungement Attorney Can Help You Clean Up Your Personal Record in Indiana

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Having a criminal record can significantly impact one’s life, from limiting job opportunities to affecting housing prospects. For many Indiana residents, the possibility of achieving a clean slate is not just a dream but a tangible goal through criminal record expungement. This process, often supported by skilled expungement attorneys, offers individuals a second chance to rebuild their lives without the shadow of past mistakes hindering their progress.

In this blog post, we’ll explore the importance of expungement, how Indiana’s laws govern this process, and how legal experts can guide you on this path to redemption.

Call 317-636-7514 For Professional Criminal Record Expungement Representation in Indiana
Call 317-636-7514 For Professional Criminal Record Expungement Representation in Indiana

Understanding Criminal Record Expungement and Its Impact

What is Expungement?

Expungement is a legal process that allows individuals to have certain offenses removed from their criminal records. In Indiana, this procedure is particularly significant, as it enables former offenders to clear their names and reduce the barriers they face in daily life. This opportunity for a fresh start can be life-changing, helping individuals regain their standing in society.

Why Does Expungement Matter?

For those with a criminal record, the consequences extend far beyond the courtroom. Employment prospects, housing opportunities, and even educational pursuits can be severely restricted. However, with expungement, these barriers can be significantly reduced or even eliminated. By wiping the slate clean, individuals can pursue the life they aspire to, free from the stigma of past mistakes.

A New Beginning for Indiana Residents

Indiana residents seeking to improve their lives can benefit enormously from the state’s expungement process. This legal remedy is not just about clearing a record; it’s about reclaiming one’s dignity and potential. By understanding and utilizing the expungement process, individuals can move forward with renewed hope and opportunity.

Eligibility Criteria for Expungement in Indiana

Understanding the Indiana Expungement Law

The Indiana Second Chance Law offers a structured approach to expungement, detailing who is eligible and under what conditions. This law is designed to provide relief while ensuring that public safety remains a priority. Understanding this framework is crucial for anyone considering expungement as a viable option.

Eligibility Requirements

To qualify for expungement in Indiana, several criteria must be met. These include the type of offense, completion of all court-ordered obligations, and adherence to specified waiting periods. It’s important to note that not all offenses are eligible for expungement, so understanding these nuances is critical.

Waiting Periods Explained

Different offenses have varying waiting periods before they can be expunged. For example, misdemeanor offenses may have a shorter waiting period compared to felonies. Knowing these timelines is essential for planning and ensuring that all requirements are met at the appropriate time.

The Role of Expungement Attorneys

Why Legal Counsel is Essential

Navigating the complexities of the Indiana expungement process can be challenging without expert guidance. Expungement attorneys specialize in this area of law, providing valuable insights and assistance to ensure that the process is handled correctly and efficiently.

Avoiding Common Pitfalls

Without proper legal advice, individuals may encounter obstacles that could impede their expungement efforts. From filling out paperwork incorrectly to misunderstanding eligibility criteria, there are numerous pitfalls to avoid. An expungement attorney can help mitigate these risks and increase the likelihood of a successful outcome.

Maximizing Your Chances of Success

By working with a knowledgeable attorney, individuals can have peace of mind knowing that their case is being handled by a professional. This not only improves the chances of success but also ensures that the expungement process is completed as smoothly and quickly as possible.

Choosing the Right Expungement Lawyer

Qualities to Look For

Selecting the right expungement attorney is a crucial step in the process. Look for someone who is experienced, reputable, and well-versed in Indiana’s expungement laws. A good attorney will provide personalized service and be genuinely invested in your success.

Questions to Ask Potential Attorneys

When evaluating potential legal representatives, ask about their experience with cases similar to yours, their success rate, and their approach to handling the expungement process. These questions can help you gauge their expertise and determine if they’re the right fit for your needs.

Making an Informed Decision

With so much at stake, taking the time to choose the right attorney is essential. By considering their qualifications, asking the right questions, and trusting your instincts, you can find a lawyer who will be by your side every step of the way.

FAQs About Criminal Record Expungement in Indiana

Can I Expunge All Offenses on My Record?

No, not all offenses are eligible for expungement in Indiana. Some serious crimes, such as murder or sexual assault, cannot be expunged.

Is the Expungement Process Automatic?

No, individuals must petition the court to have their record expunged. This process can be complex and requires legal guidance.

Do I Need an Attorney for Expungement?

While it’s possible to handle the process alone, having an attorney can greatly increase your chances of success and ensure that everything is done correctly.

How Much Does it Cost to Expunge Criminal Records?

The cost of expungement can vary depending on the complexity of the case and the specific attorney’s fees. It’s important to discuss potential costs with your chosen attorney before beginning the process.

How Long Does Expungement Take?

The length of time for expungement can also vary, as it depends on factors like waiting periods and court schedules. However, having an experienced attorney can help expedite the process.

Will Expunging My Record Completely Erase It?

While expungement removes certain offenses from public view, some agencies may still have access to these records for specific purposes. It’s important to speak with your attorney about any potential limitations or exceptions related to your

Can I Expunge My Juvenile Records?

In some cases, juvenile records can be expunged in Indiana. It’s important to consult with an attorney to determine if you are eligible for this type of expungement.

What Happens After My Record is Expunged?

Once your record is expunged, it will no longer be visible on background checks or public records. This means that employers and other agencies should not have access to the expunged information.

Can I Still Be Denied Employment or Housing If My Record is Expunged?

Expunging your record does not automatically guarantee employment or housing opportunities. However, having a clean record can greatly improve your chances of success in these areas.

Conclusion

Expungement is more than just a legal process; it’s a gateway to new opportunities and a brighter future. For Indiana residents, understanding and utilizing the expungement process can make a significant difference in their lives. By seeking the guidance of a skilled expungement attorney, individuals can confidently navigate the complexities of the Indiana Second Chance Law and take control of their future.

If you’re ready to take the first step toward a clean slate, consider reaching out to a trusted expungement attorney for a consultation. They can provide you with the legal advice and support you need to succeed in your expungement efforts. Remember, a better tomorrow is within reach—embrace the opportunity and start your journey today.

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 attorney in Indianapolis, Indiana. Our services start as low as $850! Learn your eligibility for free, today.

Related Posts:

How to Move Forward From a Criminal Past With Expungement
Navigating a New Start: The Indiana Expungement Process Explained
Unlocking a Clean Slate: Indiana Expungement Guide

Ex-Offender Income: Tips for Navigating Employment After Conviction

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Finding a job after serving time can feel like an uphill battle. For ex-offenders, parolees, and felons, the struggle to secure and maintain employment is often fraught with obstacles. Returning to the workforce post-release is not just about earning a living—it’s about rebuilding your life, gaining stability, and achieving fulfillment.

This blog will offer comprehensive tips and strategies designed to help you not only land a job but also keep it. We’ll explore your legal rights, how to build a support network, ways to develop marketable skills, and practical advice for crafting a strong resume and acing job interviews. The goal is to arm you with the information and resources you need to succeed in the job market despite your past.

Call 317-636-7514 For Professional Criminal Record Expungement Assistance in Indiana
Call 317-636-7514 For Professional Criminal Record Expungement Assistance in Indiana

Understanding Your Rights and Limitations

Knowing Your Legal Protections

One of the first steps in your job search should be understanding your legal rights. The Equal Employment Opportunity Commission (EEOC) enforces laws prohibiting employment discrimination against individuals with criminal records. Some states have “Ban the Box” laws that remove the conviction history question from job applications, giving you a fairer shot at an interview.

Jobs That May Be Off-Limits

Certain jobs may be off-limits due to specific convictions. For example, roles in childcare, healthcare, and finance often have strict regulations regarding criminal histories. However, many employers are open to giving ex-offenders a second chance. Research and apply for jobs in industries known for hiring individuals with criminal records, such as construction, manufacturing, and food service.

Navigating Restrictions

Navigating these restrictions can be challenging, but knowing your limitations can help you focus your job search on viable opportunities. Websites like Indeed and Glassdoor allow you to filter job openings by companies that are known to hire ex-offenders, making your search more efficient and targeted.

Building a Support Network

Seeking Mentors and Support Groups

Building a strong support network is crucial for maintaining employment. Seek out mentors who can offer guidance and advice. Look for support groups specifically for ex-offenders. These groups can provide emotional support and practical tips for navigating the job market.

Professional Organizations

Joining professional organizations related to your field can also be beneficial. These groups often offer networking opportunities, resources, and sometimes even job postings. They can be a valuable source of support and information as you rebuild your career.

Leveraging Community Resources

Don’t overlook community resources such as reentry programs, local nonprofits, and faith-based organizations. Many of these groups offer job placement assistance, resume workshops, and other services designed to help you succeed.

Developing Marketable Skills

Identifying Transferable Skills

Everyone has skills; you just need to identify which ones are marketable. Think about the skills you used in your previous jobs or learned while incarcerated. These could include anything from carpentry to computer programming. Transferable skills are those that are useful in various jobs and industries.

Vocational Training and Educational Programs

Invest in yourself by taking advantage of vocational training and educational programs. Many community colleges and adult education centers offer courses in high-demand fields like IT, healthcare, and skilled trades. Online platforms like Coursera and Udemy also provide affordable courses that can enhance your skill set.

Continuous Learning

The job market is always evolving, and continuous learning is key. Stay updated on industry trends and continuously seek opportunities for professional development. This proactive approach not only makes you more marketable but also shows employers that you are committed to self-improvement.

Crafting a Strong Resume and Cover Letter

Focusing on Skills and Achievements

Your resume is your first impression, so make it count. Focus on your skills and achievements rather than your criminal history. Highlight any certifications, training programs, or volunteer work you’ve completed. Use action verbs to describe your accomplishments and quantify your achievements whenever possible.

Addressing Employment Gaps

Gaps in your employment history can be a red flag for employers. Address these gaps directly in your cover letter by explaining what you were doing during that time—whether it was furthering your education, volunteering, or working on personal development.

Being Honest and Transparent

Honesty is always the best policy. If your criminal record comes up, address it briefly and focus on the positive changes you’ve made since then. Transparency shows integrity and can help build trust with potential employers.

Navigating the Job Search and Interview Process

Finding Job Opportunities

There are numerous job boards and websites specifically for ex-offenders. Websites like 70millionjobs.com and Honestjobs.co specialize in connecting individuals with criminal records to employers who are willing to give them a chance. Networking is also crucial, as many job opportunities are found through personal connections.

Acing the Job Interview

Preparing for a job interview is essential. Practice common interview questions and prepare honest yet positive responses to questions about your criminal history. Dress appropriately, arrive on time, and bring copies of your resume and any other relevant documents.

Showing Honesty and Integrity

Demonstrating honesty and integrity during the interview can go a long way. If asked about your past, acknowledge it briefly and steer the conversation towards your skills, qualifications, and the positive steps you’ve taken to turn your life around. Employers appreciate candidates who show accountability and a commitment to personal growth.

Facts About Criminal Record Expungement in Indiana

In Indiana, individuals who meet certain criteria may be eligible to have their criminal records expunged. Expungement allows you to legally deny your conviction history on job applications and other situations where a background check is required.

Eligibility Requirements

Some eligibility requirements for expungement in Indiana include:

  • Completion of all court-ordered obligations and sentences
  • No pending criminal charges or convictions within the past 10 years
  • Certain offenses are not eligible for expungement, such as violent crimes and sex offenses

Benefits of Expungement

Having your record expunged can open up more job opportunities and make it easier to secure housing. It also allows you to move on from your past mistakes and start fresh in your personal and professional life.

The Expungement Process

The process of expunging a criminal record in Indiana involves filing a petition with the court, obtaining a copy of your criminal record, and attending a hearing. It is recommended to seek legal assistance from an attorney familiar with the expungement process for best results. You are only allowed to apply one time, and a mistake will get your petition denied. An expungement lawyer can ensure this does not happen.

Conclusion

Maintaining employment after a criminal conviction is challenging, but it is far from impossible. By understanding your rights, building a support network, developing marketable skills, and crafting a strong resume and cover letter, you can significantly improve your chances of success. Remember to stay persistent and optimistic, as the right opportunity is out there waiting for you.

For those interested in learning more about expunging criminal records, reach out to a trusted criminal defense law firm. Taking this step can open even more doors on your path to stable and fulfilling employment.

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.

Related Posts:

What Job Seekers Need to Know: The Legal Aspects of Employee Background Checks
How to Move Forward From a Criminal Past With Expungement
How to Answer Employers’ Questions About Your Criminal Record

Employee Background Checks: Top Myths Debunked

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In the realm of hiring and recruitment, employee background checks have become a standard procedure for many companies. These checks are done to ensure that potential employees have no red flags in their past that could negatively impact their performance or the company’s reputation. However, there are plenty of misconceptions and myths surrounding these background checks that often lead to confusion and misinformation.

In this blog post, we will debunk some of the top myths about employee background checks and shed some light on the truth behind them.

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

Top Myths About Employee Background Scans

Myth 1: Background Checks are Only Used for High-Level Positions

One of the most common misconceptions about employee background checks is that they are only required for senior or executive positions. This could not be further from the truth. In reality, background checks should be conducted for every candidate, regardless of the role they are applying for. After all, a company’s success depends on the collective efforts and actions of all employees, not just those in top positions. Additionally, conducting background checks for every candidate ensures fairness and consistency in the hiring process.

Myth 2: Background Checks Only Look at Criminal Records

While checking criminal records is an essential part of employee background checks, it is not the only aspect that is evaluated. Background checks also involve verifying employment history, education credentials, and professional licenses. These checks help to confirm the accuracy of the information provided by the candidate on their resume and in job interviews. They also provide insight into a candidate’s work ethic and qualifications for the position.

Myth 3: A Criminal Record Automatically Disqualifies a Candidate

Another prevalent myth is that having a criminal record automatically disqualifies a candidate from being hired. While certain criminal convictions may make a candidate ineligible for specific positions, most companies do not have an absolute ban on hiring individuals with criminal records. Each case is evaluated individually, taking into consideration the nature and severity of the offense, how long ago it occurred, and its relevance to the job. Giving individuals with criminal records a fair chance at employment can also be beneficial for society, reducing recidivism and promoting rehabilitation.

Myth 4: Job Interviews are Enough to Assess a Candidate’s Background

Some companies believe that conducting thorough job interviews is sufficient to evaluate a candidate’s background. However, this is not always the case. Interviews rely heavily on a candidate’s self-reporting, which may not always be accurate. Conducting background checks provides an objective and more comprehensive evaluation of a candidate’s background and can uncover any red flags that may have been missed in the interview process.

Myth 5: Background Checks are Expensive and Time-Consuming

It is true that conducting employee background checks does require some investment of both time and resources. However, with advancements in technology and online databases, background checks have become more accessible and affordable than ever before. Also, the cost of hiring an employee with a troubled past can be much higher in terms of potential legal fees, damage to company reputation, and loss of productivity compared to the relatively small expense of conducting a background check.

BONUS- MYTH #6: You are Stuck With a Damaging Criminal Record for Life

You do not have to be stuck with a poor criminal record forever. Here in Indiana, many past offenders qualify for criminal record expungement and record sealing. Also known as Indiana’s Second Chance Law,  this law makes it possible to conceal past criminal records from the public and most employers. If you qualify for expungement or sealing, your employer will not have access to your criminal record during background checks, unless they request the information directly from a courthouse in which the case was heard.

Conclusion

Employee background checks are an essential part of the hiring process and can help companies make informed decisions about their potential employees. However, it is crucial to separate myths from facts when it comes to these checks. Conducting fair and thorough background checks not only ensures a safe and productive working environment but also allows individuals with troubled pasts a chance at redemption. So, the next time you hear one of these myths, remember the truth and make informed decisions when it comes to employee background checks. 

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
How to Answer Employers’ Questions About Your Criminal Record
Are Background Checks Keeping You From Getting a Job?

Read This If You Are Confused About Indiana Criminal Record Expungement

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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
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?

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

Read This if You Were Arrested But Not Convicted in Indiana

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Quickly answer these questions:

⇛ Have you ever been arrested in Indiana?
⇛ Were you not convicted after your arrest?

If you answered yes to both of these questions, you will be thrilled to hear that you are likely eligible to have that arrest record expunged from your criminal history. Continue reading to learn more about Indiana criminal record expungement, and how to get started on your petition today.

An Arrest Doesn’t Have to Be a Part of Your Past Anymore.

Get to Know Indiana Criminal Record Expungement

Criminal Record Expungement in Indiana

Also known as the Second Chance Law, Indiana criminal record expungement legislation now allows past offenders, even many of those who do have convictions, to destroy or seal their arrest records from the general public. What does this mean for you? Well, those who clean up their criminal record have better quality lives because they are more eligible and qualified for job opportunities, promotions, professional licensing, international traveling, education opportunities, rental and housing opportunities, and so much more. In fact, you’d be surprised to learn just how much a criminal record can hold person back from having a better quality of life.

So how you get started on criminal record expungement in Indiana?

You first have to hire a criminal defense lawyer who is well-versed in the Indiana second chance Law and all subsequent legislation changes and modifications. Not only is the law complex, but the application process for criminal record expungement or record sealing is very complex. Furthermore, even one small error, such as a misspelled word or a missed deadline, will eliminate you from being eligible for expungement because you applicants can only petition once. A second petition won’t even be glanced at.

Arrested But Never Convicted?

If you are arrested under suspicion of committing a crime, but the arrest never led to a conviction, you are in a good position to apply for criminal record expungement in Indiana. Usually, these types of cases are granted much faster than those with convictions. Even if your conviction was vacated, or you had an order of protection placed against you, you are still eligible for Indiana’s Second Chance Law. The only catch: you have to wait one year from the date of your arrest. For many, the arrests they wish to eliminate from their criminal record happened years ago; if this is like you, you are already eligible to get started on your petition.

Are you interested in learning more about your criminal record expungement eligibility? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation, today. We specialize in criminal record expungement legal assistance, and our services start as low as $850!

You Might Also Like:

Criminal Record Expungement FAQS for 2021
Can I Expunge My Arrest if I Am on Probation?
Indiana Will Now Let You Expunge Protection Orders

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

Let Attorney David E. Lewis Help You With Your Criminal Record Expungement Petition

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

In Indiana, criminal record expungement is now legal, but under very specific circumstances. One vital stipulation is that petitioners (YOU) only get one attempt at filing for criminal record expungement (or sealing). Although it is called the Second Chance Law, there are no second chances at getting your application right. Furthermore, only a number of offenses can be expunged or sealed, and courts will only grant record expungement based on several key requirements.

So What Does This All Mean?

It means that not everyone will qualify for criminal record expungement, and for many different reasons. However, for those who do qualify, record expungement will open up new doors and opportunities in various aspects of life, including employment, housing, bank loans, financial aid, and more.

Why You Need Legal Assistance

If you are interested in petitioning for expungement, it is important for you to know that the process required of the petitioner is extremely complicated and rigorous, and revolves around a stringent schedule that’s difficult to follow. One small filing mistake, missed deadline, or even a misspelled word can cause a person to lose our on their chance at sealing their public criminal history forever.

How to Get Started With Your Petition

For the sake of your future and well-being, it is imperative to retain the professional legal counsel of a licensed Indianapolis criminal defense attorney who’s extensively familiar with the Indiana expungement laws, and provides services for filing and petitions. David E. Lewis, Attorney at Law, is well-versed in the new Indiana criminal record expungement laws, and knows the precise procedure to obtaining approval. He provides criminal record expungement services starting as low as $850!

Indianapolis Record Expungement Services

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. 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 his office today at 317-636-7514 to schedule a free initial consultation to assess your petition and determine your eligibility for criminal record expungement.

Are Business Owners Responsible for Preventing Criminal Acts?

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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.