Eric David is a native Hoosier and with a broad range of professional experience in the US and China. He is a trained social worker and a licensed attorney in Indiana and New York.
Since finishing his undergraduate studies at Purdue University, he has worked for non-profits, government agencies, private firms, and international institutions.
In all his work, he is passionate about helping his clients solve problems and be the best they can be. Mr. David resides in Indianapolis with his partner and their two greyhounds.
EXPUNGING ARREST RECORDS IN INDIANA
If You Weren’t Convicted, You Shouldn’t Be Treated Like a Criminal
There isn’t anyone who wants a criminal record, especially if you weren’t even convicted. Criminal records can make obtaining a job nearly impossible, make it hard to find a decent place to live, and even take away constitutional rights like your Second Amendment right to own a gun.
If you’re arrested or charged with a crime in Indiana, the Indiana State Police and courts usually create a criminal record that’s easy for anyone to access and never goes away. This happens even in cases where you’ve been found not guilty or your charges were dismissed or vacated on appeal. You can be permanently branded with a criminal record for something that you didn’t even do.
Indiana’s online criminal search portal makes it incredibly easy for anyone to find your criminal record. It doesn’t even require a background check. Anyone with an internet connection can find detailed, private information about you in a matter of minutes. Fortunately, Indiana has passed some of the most forgiving expungement laws in the country.
Our law firm has helped thousands of clients get rid of criminal records of every kind, and we hear success stories from them often. If a criminal record is currently holding you back, keep reading to see if we can help.
This Information is for You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate all in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our Secure Eligibility Test and then schedule an appointment to discuss your results and options.
Do You Qualify to Expunge Your Arrest Record?
Indiana law allows for the expungement of most criminal records where there wasn’t a finding of guilt. When we’re discussing this part of the law, we’re talking about when the end result of your case is not a conviction, including these types of situations:
- You were acquitted or found not guilty at trial;
- Your conviction was overturned on appeal;
- Your charges were dismissed;
- Your charges were dismissed after successful completion of pretrial diversion or a similar program; or
- You were arrested, but charges were never filed.
General Requirements to Expunge and Seal Arrest Records
Under IC 35-38-9-1, the general requirements to expunge and seal a criminal record that did not result in a conviction include:
- You cannot have any pending criminal charges or criminal proceedings;
- The arrest or criminal charge did not result in a conviction;
- You must wait one year since the relevant criminal proceeding or event; and
- You cannot currently be in pretrial diversion program.
You Were Found Not Guilty or Your Charges Were Dismissed
When you were found not guilty, acquitted, your conviction was overturned, or your charges were dismissed, you may typically apply to have your criminal record expunged and sealed after one year from the completion of your case.
Legal Effects of Expunging and Sealing Your Criminal Record
How will expunging my arrest record help me get a job?
Arrests are not typically as much of a barrier to employment as a conviction, but it’s preferable when prior arrests do not show up during a background check, particularly if the offenses are severe. The employer may not be legally permitted to consider your arrest record, but you never know how it is going to affect their internal decision making.
Will expunging and sealing my arrest records restore my Second Amendment rights?
Sealing arrest records in Indiana should have no effect on restoring your Second Amendment rights, as being arrested without conviction should not limit them in the first place.
Not everybody with an Indiana record can restore their constitutional right to own or possess firearms, but Indiana’s laws are favorable when compared to other states. We will go into more detail regarding restoring Second Amendment rights in Indiana on our Indiana Firearm Rights Restoration page, but restoration typically involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Criminal Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.
Some of the potential benefits of expunging your arrest record in Indiana include:
- Removing the stigma associated with an arrest record
- Becoming eligible for professional licenses you previously did not qualify for
- Increased eligibility for student loans, housing assistance, and government programs
- Improving your ability to obtain higher-paying job opportunities
- Improving access and admission to college and other educational resources
We Are Here to Help
Each of Indiana’s methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Indiana criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Indiana criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of an Indiana criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Indiana state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!