Previously on SFTLaw Blog, we posted an article entitled, “Indiana’s ‘Second Chance Act’ Can Provide Relief From Past Mistakes” describing the process and standard for receiving relief from past indiscretions, including criminal record sealing and D Felony reduction.
SFT Lawyers is one of the few law firms in Indiana that began taking these cases the day the law became effective, July 1, 2012. At this point, we have handled over two dozen such cases. While we have had to personally attend hearings in some of these cases, I am finding that most judges are at least open to granting these petitions without even holding a formal hearing. In an overwhelming majority of my cases, so long as the client qualifies under the statute per legal analysis, and so long as the client presented me with the complete truth, I have been able to reduce and seal nearly all of the convictions that I have been hired to address. In fact, recently I have observed that mechanisms are in place to quickly get the records sealed–even within days of the order being issued by the court!
What is highly rewarding about these cases is that the clients who qualify have already successfully completed our criminal justice system, and by definition have not committed any additional offenses. This is what our system is principally designed to do–to rehabilitate offenders, and to discourage them from re-offending. I believe that giving past offenders a reward for their compliance is long overdue. I applaud the Indiana General Assembly for passing such a measure and I commend this attitude toward those who have paid their criminal debts. Simply being an offender shouldn’t stigmatize someone for life for a single momentary lapse of reason.
This does not stand to say that there aren’t those in the system that belong behind bars. I think the statute, itself, provides for that. It provides a screening mechanism to determine which criminal offenders are most likely to re-offend, or which offenders create a danger to the general public. Most all of those who are compliant and who do not pose such a threat are given a proper–and well deserved–second chance. I think the current law does an effective job of distinguishing these types of offenders.
That being said, the private reporting agencies that have profited for so long doing criminal record searches are stark raving mad over this new law. They have filed various lawsuits challenging the law’s constitutionality and validity, and they ardently want the law struck down or repealed by almost any means necessary. I personally hope that, instead, the folks in this line of work simply close up show and find something else to do. There are much more productive things to produce in our economy that to ensure that offenders are haunted by their past mistakes forever.
I have found this to be the most exciting area of my practice, and I encourage readers who may qualify to give us a call for a FREE CONSULTATION. SFT Lawyers can help you get that well-deserved second chance. (219) 841-5683.