Lafayette, IN Expungement Lawyer

Expungement Lawyer Lafayette, IN

Plan for Expungement Before You’re Convicted

When you are charged with a crime, you are likely concerned about your future. Our Lafayette, IN expungement lawyer can help you plan for an expungement while working through your current criminal charges. Certain felonies cannot be expunged in Indiana. If you are considering a plea agreement, you can strive for a conviction that will allow expungement or criminal record sealing in the future.

We will work hard to help you do the following:

• Get your potential felony reduced to a misdemeanor.
• Agree to charges that can be easily expunged in the future.
• Accept a sentence that can be completed quickly so you can apply for expungement earlier.

Sealing a Criminal Record

Our Lafayette, IN expungement lawyer may be able to help you get your criminal record sealed. There are three situations in which you can seal a criminal record:

Were you arrested, but not convicted?

If you were arrested for a crime, but never convicted, our Lafayette, IN expungement lawyer can help you clear your record. As long as at least one year has passed since you were arrested or charged with a crime, we can petition the court to seal your criminal record. This will prevent an arrest that did not result in a conviction from appearing in background checks.

Do you want to expunge a misdemeanor?

If you were convicted of a misdemeanor, but meet certain criteria, then you may be eligible for a record expungement. Our Lafayette, IN expungement lawyer can help you determine if you meet the requirements. First, you can only get one expungement in your lifetime. Second, at least five years must have passed since your conviction. Third, you must have no criminal charges pending. Fourth, you must have successfully completed all of the terms of your criminal sentences.

Do you want to expunge a felony?

Our Lafayette, IN expungement lawyer can also help you achieve a felony expungement. If you meet the requirements, you may be able to get your record cleared. Some of the strict requirements include that at least eight years must have passed since your conviction, and you must have no pending charges. We can evaluate your record and then help you determine if your felony can be expunged.

Expunging Misdemeanor Convictions in Lafayette, IN

Many people ask us, “What is required to obtain an expungement of a misdemeanor criminal record?”

Here are some of the expungement questions we may ask you. What you think is a bad answer does not necessarily mean you are ineligible for an expungement:

1. Were you convicted of two or more felony offenses which:
   1. Involved the unlawful use of a deadly weapon
   2. Were not committed as part of the same episode of criminal conduct
2. Did you pay all fines, fees, and court costs, and satisfy any restitution obligation placed on you as part of the sentence?
3. Have you been convicted of a crime within the past five years?
4. Do you have any criminal charges pending against you?

There are many legal steps we must take to be successful in obtaining an expungement. When years have passed since you had a criminal conviction it can be hard to recall all the details surrounding it. Do not delay in calling about obtaining an expungement simply because you don’t remember everything. We can obtain records or help you to obtain them to answer important questions. Contact us to put this part of your life behind you.

Reducing a Felony to a Misdemeanor in Lafayette, IN

Do you have a Class D or Level 6 felony you want to be reduced to a misdemeanor? It may even be possible to obtain an expungement of the conviction if enough time has passed during which you have not had other criminal convictions.

Depending on:

1. Current law
2. The terms of your plea agreement
3. If you meet the following legal requirements you should be eligible for reducing your felony conviction to a misdemeanor:
   1. As defined in IC* 11-8-8-5, you are not a sex or violent offender.
   2. You were not convicted of a Class D felony (committed before July 1, 2014) or a Level 6 felony (committed after June 30, 2014) which resulted in bodily injury to another person.
   3. You have not been convicted of perjury under IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its repeal).
   4. At least three (3) years have passed since you:
      1. Completed your sentence; and
      2. You satisfied any other obligation imposed on you as part of the sentence; for the Class D or Level 6 felony.
   5. You have not been convicted of a felony since you:
      1. Completed your sentence; and
         satisfied any other obligation imposed on you as part of the sentence; for the Class D or Level 6 felony.
      2. No criminal charges are pending against you.

*IC stands for Indiana Code.

Understanding The Expungement Process For Criminal Records

Expungement is a legal process that allows individuals to clear their criminal records, offering a fresh start and a chance to move forward without the burden of past convictions. As a Lafayette, IN expungement lawyer can explain, it can significantly improve opportunities for employment, housing, and other areas of life. To find out if you qualify for expungement, call Hall-Justice Law Firm LLC.

Expungement Defined

Expungement is sealing or erasing a criminal record from public access. Once an expungement is granted, the record is typically no longer visible during background checks conducted by employers, landlords, or others. It’s important to note that while the record may be hidden from public view, certain government agencies, like law enforcement and courts, may still have access.

The laws governing expungement vary by state, including which crimes are eligible, the waiting period required, and the application process. Commonly expunged offenses include minor misdemeanors, non-violent felonies, and charges that did not result in a conviction. Individuals seeking expungement usually must file a petition with the court, and in some cases, they may need to attend a hearing to demonstrate why they qualify.

Expungement Eligibility

Eligibility for expungement depends on several factors, including the type of offense, the individual’s criminal history, and the time since the conviction. While laws vary, here are standard eligibility requirements:

• First-time offenders: Many states prioritize individuals with no prior convictions or arrests.
• Non-violent crimes: Offenses such as drug possession, petty theft, or disorderly conduct are often eligible.
• Dismissed charges or acquittals: Cases where charges were dropped or the individual was found not guilty are frequently eligible for expungement.
• Completion of sentence: Individuals must typically complete their sentence, including probation, parole, and payment of fines or restitution, before applying.

Certain serious crimes, such as violent felonies, sexual offenses, or DUIs, are often excluded from expungement eligibility.

Benefits Of Expungement

Expungement can significantly improve an individual’s quality of life by removing barriers associated with a criminal record. The benefits include:

• Employment opportunities: Many employers conduct background checks, and a criminal record can hinder job prospects. In most cases, expungement allows individuals to legally answer “no” when asked if they have been convicted of a crime.
• Housing: Landlords often screen tenants for criminal records, and expungement increases the likelihood of securing rental housing.
• Educational opportunities: A clean record can remove obstacles to receiving scholarships, loans, or admission to certain programs.
• Restored rights: In some cases, expungement can restore rights such as voting, gun ownership, or serving on a jury.

Ultimately, expungement provides peace of mind and the chance to rebuild a future free from the stigma of a criminal record.

Expungement Process

The process for expungement can be complex. This is why it is recommended you consult with a Lafayette expungement lawyer before beginning the process:

• Determine eligibility: Research state-specific laws or consult an attorney to confirm your offense qualifies for expungement.
• Obtain court records: Gather documentation related to the case, including arrest records, charges, and proof of sentence completion.
• File a petition: Submit an expungement application to the court where the case was heard. This may require paying filing fees.
• Attend a hearing: In some cases, you may need to appear in court to present your case for expungement. This could involve demonstrating good behavior, rehabilitation, or the hardship caused by the record.
• Await decision: The record will be sealed or erased if the court grants the expungement. If denied, you may explore other options, such as appeals.

While individuals can file for expungement on their own, working with an attorney can streamline the process and improve the likelihood of success.

Are You Looking For More Information About Expungement?

Expungement offers a powerful opportunity to rebuild your life by clearing past mistakes from your criminal record. Working with a seasoned Lafayette expungement lawyer ensures you navigate the process effectively, giving you the best chance to secure a brighter future. Calling Hall-Justice Law Firm LLC is the first step in rebuilding that future.

Contact a Lafayette, IN Expungement Lawyer for Help

Hall-Justice Law Firm has extensive experience helping people interested in criminal record sealing and expungement. We understand the requirements necessary to clear your record so that you can move on with your life. Our Lafayette, IN expungement lawyer will listen to your story and investigate your case, as well as help you seek a post-conviction resolution. Call us today at (765) 742-2987.