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How Indiana's expungement law works

Sometimes people make poor choices. These decisions can create temporary problems or have far-reaching consequences. If you face arrest and jail time, you may feel like your life is over.

Indiana does not believe in holding a mistake against you forever. If you faced arrest or, in some cases, conviction of a crime, there is a chance that you can petition to have the court erase your record. Doing so may wipe the slate clean as if the arrest or subsequent conviction never occurred. Take a look at some facts about how this Second Chance Act works.

Your OWI may ruin your Canadian vacation

Like most residents of Indianapolis, you do your best to drive cautiously and responsibly. After all, a traffic citation can set you back hundreds of dollars. It can also cause your insurance rates to spike. If you have too much to drink before getting behind the wheel, however, operating a vehicle while intoxicated could turn your life upside down. 

While you may worry about losing your driving privileges following a drunk driving conviction, your OWI could have a ripple effect on your future plans. If you plan a dream vacation to Canada or regularly travel into Toronto for business or pleasure, an OWI in the United States may prevent you from crossing the border altogether. Therefore, to protect your travel plans, you may need to exercise your legal right to defend yourself against an OWI conviction. 

Craft beers and DUI

People all over the state of Indiana have come to love craft beer. For this reason, 148 breweries offering such craft beers have opened in the state, with 15 new ones opening in 2017 alone, shares Indiana On Tap. 

Indiana residents are no longer confined to only consuming Budweiser or Coors Light. Each craft beer is unique, and while they can be tasty, there is also a reason for concern. People who consume craft beer need to avoid driving home at the end of the night because consuming even a couple beers can result in a DUI conviction

Can a drug conviction impact financial aid eligibility?

By the time your college student heads off to school, you hope that you have instilled enough wisdom into your son or daughter that he or she avoids landing in serious trouble. College is, however, a time of experimentation for many students, but in some cases, that experimentation means the difference between being able to finance college and having no choice but to drop out.

If, for example, your college student begins experimenting with drugs and law enforcement officials catch him or her possessing, selling or otherwise breaking the law using illegal drugs, it can impact your student’s ability to receive financial aid.

How should one behave at a DUI checkpoint?

Many drivers do not realize DUI checkpoints are absolutely legal in the state of Indiana. They are necessary to preserve public safety, and they typically result in many arrests when they go up. One recent effort in Indiana resulted in the police arresting six drivers. 

The best way to avoid arrest at a DUI checkpoint is to avoid driving while intoxicated. However, as you approach a checkpoint, there are certain actions you want to avoid even if you have had nothing to drink. 

Murder is not an uncommon crime in Indiana

Indiana is a beautiful state known for its agriculture and Midwestern friendliness. There is much to enjoy and love, but there are aspects of the area that are not quite so savory. According to Northwest Times, South Bend and Indiana are both among the top 30 cities in the United States for murder rates. This alarming fact brings to light the fact that there is a strong need for effective criminal defense in the state. 

While murder rates might be exceptionally high, not all who are accused are guilty. Law enforcement is not infallible, and sometimes lacking evidence allows the wrong person to be named as a suspect. Following are three things you should know about facing murder charges and building a defense:

Expunging a criminal record in Indiana

If you have a criminal record in Indiana due to a conviction for an offense you committed, you are certainly aware of the negative impact it can have on your life. You may miss out on many promising opportunities because your prior conviction continues to follow you into the future, where you are asked about it on job applications and other disclosures.

The good news is that expungement is one way to erase your criminal record in Indiana. While expungement is not available for all offenses, it may be an option in your particular case.  

Can I challenge a DUI in Indiana?

Driving under the influence, or DUI, is an offense recognized by all 50 states under the law. Although individual state laws regarding DUI can and do vary, the federal standard for impaired driving is set at a blood alcohol concentration, or BAC, limit of .08. If Indiana police stop you with a BAC at .08 or higher, they could charge you with a DUI.

If police charge you with a DUI, you may be wondering what your next steps are and if you will need legal representation moving forward. Getting a DUI on your record is an offense that can impact your life and your future in various detrimental ways, and you should not take it lightly.

Avoid sleeping in your car after a night of drinking

Indiana police have made wider efforts to prevent people from driving after drinking alcohol. This includes setting up more DUI checkpoints and remaining more vigilant about drivers who appear intoxicated. 

After consuming an excessive amount of alcohol, some people are smart enough to know they should not drive. Instead, they get inside their cars to sleep it off until they feel better. However, in the middle of the night, the police see someone inside a vehicle and perform a welfare check to make sure everything is all right. You may think you are in the clear, but you could face arrest for DUI even though you slept. 

Differences between DUI and aggravated DUI

Indiana law enforcement remains dedicated to ensuring people do not get behind the wheel drunk, and if they do drive drunk, they receive punishment. In 2013 alone, 6,983 arrests took place in the state for DUI. 

DUI conviction is bad enough on its own. The driver may have to contend with a suspended license, a hefty fine or even prison time. However, the exact punishment will depend on the exact crime charged. An aggravated DUI will carry harsher sentences than a standard DUI, and it is important for people to understand the difference. 

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Todd L. Sallee, Attorney at Law

155 East Market Street, Suite 575
Indianapolis, IN 46204

Phone: 317-643-5507
Fax: 317-630-4824
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