An arrest is made when an enforcement officer has probable cause that a crime has been committed. The accused will be taken into custody and may be released or held on bail but are required to appear at their court hearing. Arrests for state-level felonies and Class A misdemeanors will appear on background checks regardless of the decision of the case. 

A charge is a formal accusation of an offense made and decided on by a prosecutor. These charges are announced at the hearing of the accused. If you are being charged from the State, your offense is under the scope of the court and the charge is based on facts surrounding your case. Your level 6 felony charge may be reduced to a misdemeanor based on the details of your case, however a misdemeanor could also be raised to a felony if seen fit. Based on the complexity around the process, it is important to seek legal advice to protect yourself and your future.

A conviction occurs when you are found guilty of a crime by a judge or jury. These have the most lasting and serious implications on your record. Hurdles in your professional life such as obtaining a job can be challenging, and your personal life is impacted if you’ve been convicted.

In accordance with Indiana’s Expungement law, as of July 1, 2014, Class A misdemeanors and level 6 felonies are eligible to be expunged from your record if they qualify under the provisions. With a nonviolent conviction or charge, it is possible to clear and seal your record. If your conviction does not fall under provisions eligible for expungement, alternatives such as  filing a petition for sealing or restricting access to criminal records may be possible. 

Depending on your crime you may be eligible for pretrial diversion. Those who are first-time offenders or have committed a nonviolent crime should discuss with an attorney their options. 

Ensure yourself a better future with more opportunities and get in contact with a qualified attorney.

With a criminal charge or conviction on your record, your options of renting or owning a home will be limited. When landlords or management review an application, most will perform a background check. Many management companies have screening policies against renting to individuals with a criminal history and will be cautious to accept individuals who have charges. It is possible to make a case of discrimination if you are denied housing based on your criminal record alone, but specific factors need to be present. Your best option is to investigate having any non-violent or non-drug-related charges expunged from your record to prevent you from this burden. Cannon Bruns and Murphy can help.