Navigating a New Start: The Indiana Expungement Process Explained

Posted on September 20, 2024 by admin

Life can feel like an uphill battle when you’re carrying the weight of a criminal record. For Indiana residents, understanding the expungement process can be a crucial step toward a fresh start. Whether you’re seeking better job opportunities, stable housing, or simply a clean slate, knowing how to clear your record is essential. In this blog post, we’ll walk you through the ins and outs of Indiana’s expungement process, providing vital insights and practical tips to help you on your path to a brighter future.

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Indiana Criminal Record Expungement Laws

Expungement is a legal process that allows individuals to have certain criminal records sealed, effectively removing them from public view. In Indiana, this process can offer numerous benefits, such as improved employment prospects and greater access to housing. However, not everyone is eligible for expungement. Eligibility depends on factors like the type of offense and the amount of time that has passed since the conviction. Understanding these criteria is the first step to determining whether expungement is right for you.

Indiana’s expungement law outlines specific eligibility requirements. Generally, minor offenses, such as misdemeanors and certain felonies, may be eligible for expungement after a waiting period. During this time, individuals must demonstrate good behavior and pay any court-ordered fines or restitution. It’s crucial to review these requirements carefully to ensure you qualify before beginning the expungement process.

Notably, expungement is not an automatic process. Eligible individuals must file a petition with the court, demonstrating their eligibility and the merits of their request. This step is where understanding the process and having proper legal guidance can make a significant difference.

How to Expunge Criminal Records in Indiana

The road to expungement in Indiana involves several key steps, each requiring careful attention to detail. The first step is gathering all necessary documents, including court records and any relevant legal paperwork. These documents serve as evidence of your eligibility and support your petition to have your record expunged.

Next, you’ll need to complete the expungement petition accurately. Accuracy is critically important, which is why you need to hire an expungement lawyer to do it for you. Just one small mistake, like a misspelled word, can have your petition denied – forever. That’s right; you only get one chance to file in a lifetime.

The petition must include detailed information about your conviction, the reasons for seeking expungement, and any supporting evidence that demonstrates your rehabilitation. Ensure that you fill it out thoroughly and accurately, as any errors or omissions could delay or jeopardize your case.

Once you’ve completed your petition, it’s time to file it with the appropriate court, which your attorney will also handle on your behalf. This step involves submitting your petition to the court where your conviction was recorded. After filing, your petition will be reviewed, and a hearing may be scheduled to discuss your case further. Being prepared and having all your documentation in order is crucial for a successful hearing.

Timelines and Fees for Expungement

Understanding the timelines and costs associated with the expungement process in Indiana is vital for effective planning. Generally, the expungement process can take several months to a year, depending on the complexity of your case and the court’s schedule. Being patient and prepared for potential delays is important to avoid unnecessary frustration.

In addition to time, there are also costs involved in the expungement process. Filing fees, attorney fees, and other related expenses can add up quickly. While some individuals may choose to handle the process themselves, hiring an expungement lawyer can provide valuable expertise and increase the likelihood of a successful outcome. Weighing the costs against the potential benefits of having your record expunged is an essential consideration.

It’s worth noting that some counties in Indiana may offer assistance programs or reduced fees for individuals who meet specific criteria. Checking with your local court or legal aid organizations can provide valuable information on available resources to help reduce costs.

Common Filing Mistakes to Avoid

Throughout the expungement process, avoiding common mistakes can significantly impact the success of your petition. One common error is failing to thoroughly research and understand the eligibility criteria. Ensuring you meet all requirements before filing your petition is crucial to avoid unnecessary complications or rejections.

Another pitfall is providing incomplete or inaccurate information in your petition. Carefully reviewing and double-checking all details, including dates, case numbers, and personal information, is essential to prevent errors that could hinder your progress.

Lastly, underestimating the importance of legal advice can be detrimental. Consulting with an experienced expungement attorney can provide invaluable guidance and ensure you’re navigating the process correctly. Their expertise can help you avoid potential pitfalls and improve your chances of a successful expungement.

Impact of Clearing Your Criminal Record in Indiana

Having your criminal record expunged can open doors to a brighter future. One of the most significant impacts is the improvement in job opportunities. With a clean record, you can confidently apply for positions that may have been out of reach previously. Employers are more likely to consider candidates without a criminal history, giving you a competitive edge in the job market.

Additionally, expungement can positively affect your housing prospects. Landlords often conduct background checks, and having a clean record can increase your chances of securing a desirable rental property. The peace of mind that comes with not being judged solely on past mistakes can be liberating and empowering.

Beyond employment and housing, expungement can enhance your overall quality of life. It can reduce stress, improve self-esteem, and provide a sense of closure, allowing you to focus on personal growth and future opportunities. By taking control of your record, you’re taking control of your life.

Conclusion

Navigating the expungement process in Indiana can be a complex but rewarding endeavor. For Indiana residents with a criminal record, understanding this process is crucial for achieving a fresh start. By following the steps outlined in this blog post, you can increase your chances of a successful expungement and open doors to new opportunities.

Remember, while this guide provides valuable insights, seeking legal advice from an experienced expungement lawyer is essential. Their expertise can help you overcome challenges and ensure you’re on the right path. Don’t hesitate to take control of your future—explore the possibility of expungement and unlock a brighter tomorrow.

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 record expungement attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Unlocking a Clean Slate: Indiana Expungement Guide

Posted on May 29, 2024 by admin

For many individuals, a past criminal record can create significant barriers to achieving a better future. From employment obstacles to housing challenges, the shadow of a criminal record can impact various facets of life. Fortunately, Indiana’s expungement laws offer a pathway to relief, enabling qualifying individuals to seal their past and open new doors to opportunity. This guide provides an in-depth look at Indiana’s expungement eligibility requirements, the application process, and tips for navigating this crucial legal procedure.

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Understanding Indiana’s Expungement Laws

Indiana’s expungement laws, also known as “Second Chance Laws,” were enacted to help individuals with past criminal records clear their names and move forward without the burden of their past mistakes. These laws offer a legal mechanism for sealing or expunging certain criminal records, effectively removing them from public view and providing a fresh start.

Importance of Expungement

Expungement can significantly improve the quality of life for eligible individuals by:

Enhancing employment opportunities, as many employers conduct background checks.
Increasing eligibility for housing and financial aid.
Restoring civil rights, such as the right to vote and own firearms (for certain offenses).
Reducing the social stigma associated with having a criminal record.

Overview of the Expungement Process in Indiana

The expungement process in Indiana involves several steps, from determining eligibility to filing a petition with the court. Here’s a broad overview of what to expect:

Determine Eligibility: Assess whether your criminal record qualifies for expungement based on the type of offense and waiting period.
Gather Documentation: Collect all necessary documents, including court records, conviction details, and any other relevant paperwork.
File a Petition: Submit a petition for expungement to the court where the conviction or arrest occurred.
Attend a Hearing: In some cases, the court may require a hearing to decide on the expungement petition.
Await the Court’s Decision: The court will review the petition and documentation before rendering a decision. If granted, the record will be sealed or expunged.

Detailed Breakdown of Eligibility Criteria

Indiana’s expungement eligibility criteria are specific and vary based on the nature of the offense. Understanding these requirements is crucial for determining whether you qualify for expungement.

Types of Offenses Eligible for Expungement:

Arrests Not Leading to Conviction: Arrest records that did not result in a conviction can be expunged one year after the arrest.
Misdemeanors: Most misdemeanor convictions are eligible for expungement five years after the date of conviction.
Class D Felonies (Level 6 Felonies): These offenses can be expunged eight years after the date of conviction, provided they were not violent or sexual in nature.
Higher-Level Felonies: Certain higher-level felonies may be eligible for expungement ten years after the date of conviction, though violent or sexual felonies are typically excluded.

Waiting Periods for Each Type of Offense:

Arrests Not Leading to Conviction: 1 year.
Misdemeanors: 5 years.
Class D Felonies (Level 6 Felonies): 8 years.
Higher-Level Felonies: 10 years, with limitations for violent or sexual felonies.

Navigating the Expungement Process: Tips and Advice

Successfully navigating the expungement process can be complex, but these tips can help streamline your efforts:

Seek Legal Counsel

While it’s possible to file for expungement without an attorney, having legal counsel can greatly increase your chances of success. An experienced expungement lawyer can provide valuable guidance, ensure that all documentation is correctly prepared, and represent you in court if necessary.

Gather Comprehensive Documentation

Ensure you have all necessary documents, such as court records, arrest details, and any evidence of rehabilitation or good behavior. Accurate and thorough documentation can strengthen your petition.

Be Patient and Persistent

The expungement process can take time, so patience and persistence are key. Stay proactive in following up on your petition and responding to any court requests promptly.

Understand Your Rights Post-Expungement

Once your record is expunged, understand the rights and protections you gain. For instance, you can legally state that you have not been convicted of the expunged offense when applying for jobs or housing.

Conclusion

Indiana’s expungement laws offer a vital opportunity for individuals with past criminal records to unlock a clean slate and pursue a brighter future. By understanding the eligibility criteria and navigating the process effectively, you can take meaningful steps toward removing the barriers posed by a criminal record.

Expungement not only benefits individuals but also positively impacts communities by helping people reintegrate into society as productive, contributing members. If you or someone you know may be eligible, don’t hesitate to explore your options and pursue this valuable legal remedy.

For more detailed information and personalized assistance, consider consulting with an experienced expungement lawyer to guide you through the process. Embrace the opportunity to open new doors and reclaim your future.

By following this guide, Indiana residents and criminal justice reform advocates can better understand the expungement process and its significance. Ready to take the next step? Contact the Law Office of David E. Lewis at 317-636-7514 to learn your eligibility for expungement in Indiana and how we can help you achieve a fresh start.

What Job Seekers Need to Know: The Legal Aspects of Employee Background Checks

Posted on May 6, 2024 by admin

In today’s job market, the significance of background checks in the hiring process cannot be overstated. For employers, they are a critical tool in ensuring workplace safety and integrity. For job seekers, they represent a potential hurdle to overcome, especially for those with a criminal record.

Yet, the legal landscape surrounding employee background checks is complex, governed by a myriad of federal and state laws designed to balance the needs of employers with the rights of job applicants. This post aims to demystify the process, highlighting the legal framework, employer obligations, job seeker rights, and guidance for navigating a criminal record.

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The Legal Framework of Employee Background Checks

The foundation of employee background checks in the United States is underpinned by several federal and state laws. Key among these is the Fair Credit Reporting Act (FCRA), which sets the guidelines for employment screening. The FCRA requires employers to obtain written consent from job applicants before conducting a background check and mandates that they follow certain procedures if they decide not to hire based on the findings.

Equally significant are the “Ban the Box” laws implemented in various states and cities. These laws prohibit employers from asking about criminal history on initial job applications, delaying such inquiries until later in the hiring process. This movement aims to level the playing field for individuals with past convictions. Fifteen states recognize Ban the Box laws, but Indiana is sadly not one.

Employer Obligations

When conducting background checks, employers have several responsibilities. Firstly, they must ensure they have the applicant’s permission. Once a background check is conducted, and if adverse action (e.g., not hiring an applicant) is considered based on its results, employers are required to provide a pre-adverse action disclosure that includes a copy of the report and a summary of the applicant’s rights under the FCRA.

Furthermore, if an employer decides to proceed with the adverse action, they must then send an adverse action notice, informing the applicant of the decision, the contact information of the screening company, and the applicant’s right to dispute the accuracy or completeness of any information provided by the screening company.

Job Seeker Rights

Job seekers have the right to be informed if information found in a background check will be used against them in a hiring decision. They also have the right to access the information, dispute its accuracy, and receive a copy of their background check if they request it. Understanding these rights is crucial, especially for individuals who may have misleading or inaccurate information on their records.

Navigating a Criminal Record

Having a criminal record does not necessarily mean the end of the line for job opportunities. It’s essential for job seekers to know how to present themselves and their background in the best possible light. This includes being honest about past convictions and explaining the circumstances and rehabilitation efforts taken since then.

Criminal Record Expungement and Sealing

For those looking to clean up their criminal record, expungement and sealing offer a path to clearing past convictions under certain conditions. While expungement removes the record as if it never occurred, sealing hides the record from the public eye, though it remains accessible to some government agencies. The eligibility criteria for these options vary by state, and not all states have adopted these laws.

Indiana’s Second Chance Law

A noteworthy example of state legislation designed to aid individuals with criminal records is Indiana’s Second Chance Law. It allows for the expungement of certain types of convictions, offering individuals a fresh start and better employment prospects. Understanding the eligibility and application process for such laws can be a game-changer for job seekers.

Conclusion

Understanding the legal framework surrounding employee background checks is vital for both employers and job seekers. For employers, it ensures compliance and fair hiring practices. For job seekers, especially those with a criminal record, it offers insights into navigating the process and improving their employability. Ultimately, a clean record can significantly enhance job prospects, making knowledge of laws like Indiana’s Second Chance Law and the procedures for expungement and sealing of critical importance.

In a world where background checks have become a standard part of the hiring process, arming yourself with knowledge and taking proactive steps to manage your record can make all the difference.

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.

Employee Background Checks: Top Myths Debunked

Posted on October 20, 2023 by admin

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.

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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.

Types of Criminal Records That Can Be Expunged in Indiana

Posted on July 7, 2023 by admin

If you’ve been arrested and convicted of a crime in Indiana, it can have long-term effects on your life. It may limit your job opportunities or make it difficult for you to rent an apartment. Fortunately, if you are eligible, you may be able to have some or all of your criminal records expunged. Expungement is the process by which certain criminal records are sealed from public view, allowing those with past convictions a second chance at success without the stigma of their mistakes weighing them down. In this blog post, we will discuss the different types of criminal records that can be expunged in Indiana and how to go about doing so.

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Indiana Criminal Records Eligible for Expungement

In Indiana, there are three types of criminal records that can be expunged. These include Class D felonies, misdemeanors, and infractions. To qualify for an expungement, you must have been convicted of one or more of these crimes and must not have any pending criminal cases. Additionally, you must wait a certain amount of time before petitioning for an expungement; the specific waiting period depends on the type of crime committed and your criminal history. For example, if you were convicted of a misdemeanor, you may need to wait five years before being eligible for an expungement.

How to Apply for Criminal Expungement

In order to apply for an expungement in Indiana, it is recommended that you consult with a competent criminal defense lawyer who specializes in record sealing and expungement. This is because the process can be complex, and an experienced lawyer can guide you through it from start to finish. The lawyer will help you complete the necessary paperwork and make sure that all of your records are properly sealed so that no potential employers or landlords can access them.

The Average Cost to Have Your Criminal Records Expunged in Indiana

Navigating the process of having your criminal records expunged can often be a difficult and complex endeavor, and understanding the associated costs with such an endeavor is essential. In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees. Depending on the county in which one resides, there may also be additional processing fees that can range from $50 to $100 or more.

In addition to court filing fees, those seeking to have their criminal records expunged may also need to hire an attorney who specializes in such matters. Attorney fees will vary depending on individual needs and complexity of the case; however, most attorneys charge between $500 and $2,000 for their services. There are some pro-bono or free legal services available in certain counties as well – it is important to research what options are available so you can make an informed decision when considering how to proceed with your criminal record expungement case.

It’s important to note that not all cases will qualify for expungement. Additionally, if a person’s case does qualify for expungement, they should be aware that this process will take several weeks or months before it is completed. It’s thus important that anyone looking into their options for having their record expunged understands both the cost involved as well as the amount of time needed for this process. Doing so can help ensure that one makes an informed decision when pursuing a criminal records expungement in Indiana.

If you’re considering applying for a criminal record expungement in Indiana, make sure to consult with an experienced expungement lawyer who can guide you through the process from start to finish. Contact the Law Office of David E. Lewis today at 317-636-7514 to speak with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our services start as low as $850, so act now before it’s too late!

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

Posted on May 24, 2023 by admin

Are you looking to clean up your criminal record and get a fresh start? If so, then the process of criminal record expungement in Indiana may be right for you. Expunging or sealing your criminal records can help improve your reputation, employment opportunities, housing prospects and more.

In this blog post, we’ll explain how to get started with the process of criminal record expungement in Indiana. We’ll also discuss why it is important to seek legal assistance from an experienced expungement lawyer during the process. So, if you are ready to learn more about how to clear your criminal record in Indiana, keep reading!

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Indiana Criminal Expungement Process

In Indiana, you can file to have your criminal record expunged or sealed. Expungement is the process of permanently deleting all records related to an arrest or conviction from public view. Sealing a record removes it from public view but does not delete it entirely; if the court ever needs to access the information, they will be able to do so. Both processes can help improve your reputation and job prospects by preventing employers, landlords and potential partners from seeing past mistakes.

Getting Started With Criminal Record Expungement

☑ Understand What You’re Up Against

The first step in the process of criminal record expungement in Indiana is understanding which arrests and convictions are eligible for expungement/sealing. Not every case qualifies for this type of relief – only certain offenses can be dismissed, such as misdemeanors, felonies, and some juvenile offenses.

☑ Gather Your Records

Once you have reviewed the eligibility guidelines, you’ll need to collect all of your court records related to the arrest or conviction. You can request these documents from the court clerk in the county where your case was heard.

☑ Fill Out and Submit the Petition

Next, you will need to fill out an expungement/sealing petition and submit it to the court with a filing fee. This form explains why you are requesting relief from your records and includes evidence such as letters of recommendation that support your claims. The court will review this form before deciding whether or not to grant your petition. If approved, they will sign an order stating that the record has been cleared or sealed.

Seek Out Legal Advice From an Expungement Lawyer

While this is a relatively straightforward process, it is important to seek legal assistance from an experienced expungement lawyer during the application process. An attorney can help you understand the eligibility criteria and make sure that your petition meets all of the requirements. They will also be able to advise you on other steps such as filing fees and submitting documents correctly. Having a knowledgeable attorney on your side is key to getting approved for criminal record expungement in Indiana.

If you make just one minor error during the criminal record petition process, like a misspelled name or missed filing deadline, your petition will be rejected. From there, you will no longer be eligible to file for criminal expungement or record sealing ever again. You can only submit one petition in your lifetime. This is reason enough to enlist the services of a criminal record expungement attorney in Indianapolis to navigate the process for you.

Conclusion

Now that you know more about how to get started with the process of criminal record expungement in Indiana, you can take the first step towards clearing your past and starting fresh! Just remember that it’s essential to hire an experienced Indianapolis expungement lawyer who can guide you through this complex legal process. With their help, you can take a proactive approach to cleaning up your criminal record and creating a better future for yourself.

7 Tips for Those on Probation or Parole

Posted on May 18, 2023 by admin

Going through the criminal justice system can be a difficult experience, particularly for those who are on probation or parole. Not only is there the stigma of having been convicted of a crime, but also the challenges associated with being under supervision and attempting to re-integrate into society.

However, it doesn’t have to be an insurmountable obstacle. With some dedication and hard work, it is possible to successfully complete your term of probation or parole without further incident. To help you along this path, continue below for seven tips that can help make sure things go as smoothly as possible while you’re on probation or parole.

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Seven Tips for Probationers and Parolees

If you are on probation or parole, you can successfully complete your term without any further incidents by dedicating yourself and working hard. Here are seven tips that can guide you in the right direction and ensure that things go well during your probation or parole period:

1. Abide by the rules and regulations set forth by your probation or parole officer: This may sound like an obvious one, but it is of utmost importance that you adhere to all the rules set out for you while on probation or parole. Not only will this ensure that you don’t get in any additional trouble, but it will also demonstrate to your probation or parole officer that you are serious about making changes in your life and abiding by the law.

2. Report any changes in address or employment status promptly: It is important to let your probation or parole officer know right away if there are any changes with where you live or work. Failing to update them can result in a violation of your terms and put you at risk of additional consequences.

3. Do not associate with anyone who may be involved in criminal: While on probation or parole, it is essential that you limit your contact with those who are engaged in any illegal activities. Even if they are just acquaintances, having a negative association can lead to further problems down the line and even result in a violation of your terms.

4. Attend all court appearances and meetings with your probation or parole officer as required: Showing up to scheduled court appearances and meetings with your probation or parole officer is critical to demonstrating that you take these obligations seriously and want to remain compliant with the terms of your release. Failing to do so could result in more serious repercussions.

5. Seek out counseling or treatment services when necessary: If you are struggling with any mental health issues, substance abuse, or other matters that need to be addressed in order to stay on the right track while on probation or parole, make sure you seek out the appropriate counseling and/or treatment services. Doing so can help ensure that you remain compliant and successful in your journey.

6. Follow a strict budget and develop financial responsibility: It is important to get into the habit of creating and following a budget while on probation or parole. This can help prevent further financial troubles down the road and will demonstrate to your probation officer that you are working hard to become financially responsible over time.

7. Participate in community programs or activities: Taking part in programs and activities within your local community is a great way to demonstrate that you are looking to become an active member of society while on probation or parole. Doing so can help show you in a positive light and give you the opportunity to build positive relationships with those who may be able to provide assistance further down the line.

There is Hope for a Better Future After Jail or Conviction

For those on probation or parole, it is important to remember that there is hope for a better future. With some hard work and dedication, it’s possible to successfully complete your sentence without any additional incident. By following the tips above, you can put yourself in the best position possible for staying compliant with your terms of release and re-establishing yourself as a productive member of society.

Are you looking for the right criminal appeals lawyer to reduce, dismiss, or expunge your probation or parole terms and consequences? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal appeals lawyer in Indianapolis, Indiana. Our criminal attorneys will get the best possible outcome for your criminal case!

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.

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.