Indiana Expungement Attorney
Lake County Indiana Expungement Lawyers
We can help you clear your Indiana criminal record -- including arrests!! Our former prosecutor knows the system.
A past mistake, even from your adolescent years, can have a costly impact on your current personal, educational or professional life. In many professions, a clean record is paramount to success.
If you have been arrested, charged or prosecuted in a State Court in Indiana, your felony or misdemeanor criminal record is part of the public record that can be viewed by anyone. Your current employer, potential employer, family and friends all have access to public records. If you have an Indiana arrest on the books, it likely will show up on a background check - even if the case was dismissed or deferred, or you accepted a Pre-Trial Diversion Agreement.
Many employers do backgrounds check before hiring. Many schools and communities require background checks before parents may chaperone their child's field trip, or coach their child's sports team. Even if your charges were dropped, the arrest record can be a source of embarrassment for you leading to loss of employment, the inability to advance in your current position, or obtain a new job. Even if you plead guilty to a reduced and less-serious crime, the original higher-level crime that you were charged with may be affecting your ability to get a job.
After an arrest or conviction is expunged, it is unlawful for an individual or company to suspend, refuse to hire, or refuse to allow a person to engage in any activity based on the prior arrest or conviction. The law in Indiana requires that once an arrest or conviction is expunged, the arrest or conviction shall be treated as if it never occurred. Once expunged, the law permits you to ignore the arrest or conviction when asked on a job application.
What does all this mean for you? You get a clean slate and fresh start!
Westland & Bennett’s expungement attorneys can help you. In order to get the arrest or conviction out of the public eye, you must file a proper petition with the court. Expunging your prior arrests and/or convictions in the State of Indiana does not happen automatically. You must qualify under the current Indiana law that is in effect at the time that you file your petition. Filing a Petition for Expungement at a time when you do not qualify may require you to wait 3 years before you may file again. Or even worse, improper filing of a Petition for Expungement may forever bar you from filing for an expungement of charges or convictions on your Indiana record. A properly filed petition is critical to the success of your Petition for Expungement.
Find out your likelihood of being able to have your record expunged! To determine IF you qualify to file a Petition for Expungement, and WHEN you qualify to file, you need to begin by answering the following questions:
- How much time has passed since your arrests in the State of Indiana? Since charges were dismissed? Has it been at least 1 year since your arrest and dismissals?
- What Indiana police department(s) arrested you?
- Have you been convicted of a crime in a State Court in Indiana?
- What crime(s) were you convicted of?
- When was each conviction?
- What is the highest level of crime that you have been convicted of?
- Has 5 years passed since your last misdemeanor conviction in the State of Indiana?
- Has 8 years passed since your last Class D Felony conviction in the State of Indiana?
- Have you been convicted of a Class C Felony (before July 1, 2014), or a Level 5 Felony (since July 1, 2014)? Have you ever been convicted of any higher level of felony?
- Do you have convictions in more than one county in the State of Indiana?
- Was another person injured as a result of the crime(s) that you were convicted of?
- Have you been convicted of Domestic Battery?
- Have you been convicted of a Handgun charge?
- Was a handgun part of the crime you plead guilty to?
- In all cases that you wee convicted, did you pay all court costs, probation fees, and restitution that was ordered as part of your sentence? Do you have proof?
- Have you been convicted of a crime as an adult in any state court, other than Indiana, or in any federal court? If so, what were you convicted of? When?
- Was your conviction(s) reported to the Indiana Bureau of Motor Vehicle (BMV)?
- Were your Indiana driving privileges suspended as a result of an administrative or court ordered suspension relating to your initial arrest/charges or conviction?
- Are you a Habitual Traffic Violator (HTV) as determined by the BMV?
- Do you have a commercial drivers license (CDL)?
- Are your driving privileges valid in the state that you reside?
You must qualify under Indiana Law to fie for an expungement, and THEN obtain a court order expunging your Indiana state arrest or conviction. Our former prosecutor knows the system. Former prosecutor Nicole Bennett can help you determine if you currently qualify to petition the court or courts to expunge your arrest record or your convictions. She can further obtain the needed documents for your petition, prepare your petition, and lead you through the process that can change your life.
If you would like to learn more about Indiana's expungement laws, click here to see a 4-part presentation by Westland & Bennett partner Nicole Bennett. Please note, Indiana's Expungement laws have changed each year since the passing of these laws in 2013. Contact our attorneys to learn specifically how these changes apply to you!