If you have been convicted of a misdemeanor or Class D (or Level 6) felony that was later reduced to a misdemeanor, you may be eligible for an expungement of the conviction. In order to file for an expungement, you, or your attorney, must file a Petition for Expungement of Conviction with the Court in the county in which you were convicted. There is a filing fee associated with the Petition for Expungement of Conviction. A Petition for Expungement of Conviction may only be filed once in your life, so it is important to have an attorney assist you to ensure it is done correctly.
If the court finds by a preponderance of the evidence (or “more likely than not”) that: (a) five (5) years have passed since the date of conviction, unless the prosecuting attorney has consented, in writing, to an earlier time; (b) no charges are pending against you; (c) you have paid all fines, fees, and court costs and satisfied any restitution, if any, placed on you as part of your sentence; and (d) you have not been convicted within the previous five (5) years; the Court must expunge the records.
What does the expungement of a misdemeanor or Class D (Level 6) felony that was later reduced to a misdemeanor mean? An expungement does not mean is that your conviction record is destroyed. Rather, all court records, arrest records, and any other documents related to the conviction are placed under a permanent seal. Under Indiana law, the Department of Corrections, BMV, and each law enforcement agency are prohibited from releasing the records or any information related to your conviction. The records of the sentencing court, juvenile court, Court of Appeals, or Supreme Court must be redacted and permanently sealed. Furthermore, if there was a Court of Appeals or Supreme Court opinion or memorandum decisions, those must be redacted. However, a prosecutor may request the Court to gain access to the expunged records if you are subsequently charged with a crime.
One important aspect of an expungement is that it is illegal for employers to ask about expunged records on a job application. Employers asking about prior convictions must ask “Have you ever been arrested or convicted of a crime that has not been expunged by a court?”
If you or someone you know has been convicted of a misdemeanor or a Class D (or Level 6) Felony that was later reduced to a misdemeanor and would like to have the records expunged, please contact our office immediately. It is important to hire an attorney to assist you with this process.
On December 22, 2017, Congress passed the Tax Cuts and Jobs Act, which includes a new capital gains tax savings provision which some investors are referring to as a 1031 Exchange on steroids.
In a typical 1031 Exchange scenario, an owner of commercial real estate who sells and makes a profit can avoid the capital gains tax on the profit by reinvesting the entire sales proceeds into a new purchase of commercial real estate within 180 days of the original sale. For a 1031 Exchange, the seller cannot touch any of the sales proceeds and must hire an unrelated third party, known as a qualified intermediary, to hold the funds until the new property to purchase is found. The property which is ultimately purchased on the back end of the 1031 Exchange must be identified in writing to the qualified intermediary not later than 45 days after the original sale.
Continue reading “Opportunity Zone Investments v. 1031 Exchanges”
In Indiana, if you are divorced with children or have a child with someone to whom you were never married, the law requires you to notify the other parent that you are planning to move.
The requirement to notify the other parent applies to both custodial and non-custodial parents. This notice must be sent to the Clerk of the Court that issued the custody order or parenting time order, and a copy must go to the non-relocating parent, no later than ninety (90) days before the intended move. The notice requirement applies to any move, from across the Country to across the street.
Continue reading “What happens when you or your former spouse wishes to relocate?”
While it is always a good decision to prepare an Estate Plan, there are times in our lives in which obtaining an Estate Plan is imperative. In addition, many think that once the Estate Plan has been created, they can lock it away, never to be seen again. However our lives are ever changing. Therefore, periodic reviews of Estate Plans are vital. Estate Plans should be reviewed every 3 to 5 years and updated upon occurrences of certain events of our lives.
Continue reading “Times when an estate plan is important”
Many people in Indiana believe that they do not need an Estate Plan for one reason or another. However, the vast majority of the time, the reasons given for not having or preparing an Estate Plan are in fact untrue and an Estate Plan should be prepared. Below is a list of examples of myths as to why people believe that they do not need an Estate Plan
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In times where we are seeing more and more diagnoses for Alzheimer’s and Dementia, families need guidance in what to do in the event a loved one is diagnosed with either disease. Legally speaking, upon a diagnosis, the family should contact an attorney to obtain a Power of Attorney for the beloved family member.
Continue reading “Dementia and power of attorney”