Abels Law Office Abels Law Office 2026-06-09T18:42:39Z https://www.matthewabelslawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1304289/2025/09/cropped-AbelsLawOffice-site-icon-32x32.png by Abels Law Office <![CDATA[Can an Indiana expungement help after a failed background check?]]> https://www.matthewabelslawoffice.com/?p=47050 2026-06-09T18:42:39Z 2026-06-09T18:33:47Z How criminal records can affect employment opportunities Many employers use background checks when hiring new employees or considering current employees for promotions, transfers or higher positions. These screenings may include information from court records and public databases. Unless a record is sealed or expunged, it can stay visible for years. Some screening companies maintain old records in private databases. Depending on the circumstances, outdated or inaccurate information may continue to appear until the records are updated.

Which Indiana offenses may qualify for expungement?

Indiana law allows some criminal records to be expunged. Eligibility depends on the type of offense, the outcome of the case and how much time has passed. Key factors include:
  • Misdemeanor convictions: Certain misdemeanor convictions, including some DUI cases, may qualify for expungement after five years. Before filing, individuals should complete all terms of their sentence. This includes probation, fines, fees and restitution.
  • Dismissed charges and arrest records: Arrests and charges that did not lead to a conviction may qualify for expungement after one year. This includes dismissed charges, dropped cases and not-guilty verdicts.
  • Waiting period requirements: There is a waiting period before filing an expungement petition. The length of this period depends on the offense. Courts require that all fines are paid and no criminal charges are pending.
  • Legal review before filing: Indiana generally allows only one opportunity to expunge convictions. A full review of arrests, charges and convictions helps find eligible records and avoid mistakes. Guidance from an attorney can help ensure the petition includes all qualifying offenses and meets the state's legal requirements.
These steps help identify records that qualify for expungement and show how clearing them may improve job opportunities.

Expungement as a fresh start

A failed background check can create setbacks, but it does not end future opportunities. For some individuals, the Indiana expungement process may help clear the effects of a past record. It may also improve access to jobs, promotions and professional licenses.  ]]> On Behalf of Abels Law Office <![CDATA[Underage DUI accident in Indiana: A crisis guide for parents]]> https://www.matthewabelslawoffice.com/?p=47049 2026-05-22T10:58:35Z 2026-05-22T10:58:35Z During DUI arrests, the first few hours are important and what you do in these hours will change the track of the case. Learn the vital steps you have to take to protect your child and understand what is at stake. 

What should you tell your child right after a DUI arrest? 

When you learn about your child’s arrest, don’t let anger take over you. Your child is already scared and confused. What they need from you is assurance and clarity. Here are some steps you can take that could help them through this ordeal:
  • Instruct your child to cooperate with the police. 
  • Let them know that they have the right to remain silent and demand an attorney.
  • If possible, collect important details such as arrest location, time and the BAC score recorded.
  • Contact a DUI attorney right away.
After giving adequate instruction, you can head to the police station where your child is currently detained.

How does Indiana law actually punish underage DUIs? 

Indiana follows a Zero Tolerance policy when it comes to underage DUI. The blood alcohol content (BAC) limit for a person below 21 years is less than 0.02%. If it is higher than that, your child may land in legal trouble. Consequences may include:  
  • A penalty of up to $500 
  • Suspension of license for up to one year
  • Possible jail time if the BAC exceeds 0.08%
  It is important to note that the punishment and penalty may increase or decrease depending upon the BAC. 

Will an underage DUI affect your child's career plans? 

When a police officer arrests your child under charges of DUI, it can significantly affect their education and career. Your child may face difficulty securing college admissions, receiving scholarship or even finding a job. Apart from this, the family’s auto insurance premiums may double or even face policy cancellation.    

How can legal guidance help you here?

An arrest doesn’t automatically make your child guilty. From faulty breathalyzers to procedural errors, there are numerous ways a charge can be contested. If you partner with an experienced DUI attorney, you can challenge the state’s evidence, fight for a reduced penalty and challenge license suspension.]]> by Abels Law Office <![CDATA[Indiana drug offenses: Serious consequences and CPS involvement ]]> https://www.matthewabelslawoffice.com/?p=47046 2026-05-20T12:36:08Z 2026-05-18T11:12:46Z Understand drug charges and legal consequences Indiana classifies drug offenses as misdemeanors or felonies based on the drug type, amount and your criminal record. Meth, heroin, fentanyl and cocaine usually bring harsher penalties. Marijuana is illegal, but penalties are often less severe. Based on the evidence, law enforcement could charge you with possession, sale, manufacturing or intent to sell drugs. Larger amounts often lead to more serious charges. In Indiana, a drug offense may lead to fines, probation, or jail. You may also lose cash, vehicles, or real estate if law enforcement claims they were connected to drug activity.

CPS involvement in drug offenses

The Indiana Department of Child Services (DCS) oversees Child Protective Services (CPS) cases. CPS may intervene in situations like:
  • Risk to child: CPS may act if police believe drug activity has placed your child in danger.
  • Arrest of a parent or guardian: If police arrest you on a drug charge, CPS may evaluate your child's safety and living conditions.
  • Unsafe living conditions: CPS may intervene if drug use, drug storage or drug-related behavior makes your home unsafe.
  • Exposure to drug activity: Exposure of children to drug use, drug manufacturing or drug sales can prompt CPS to intervene.
A CPS investigation can affect your custody and visitation rights. Getting legal counsel as soon as possible can help you protect your rights and keep your child safe.

Planning your next steps

A drug offense can bring serious consequences. CPS may become involved if your children are affected. You may face criminal penalties and risks to your parental rights. Acting early can help reduce penalties and provide important legal options, especially when legal guidance is involved from the beginning.]]> On Behalf of Abels Law Office <![CDATA[What external factors can affect an Indiana field sobriety test?]]> https://www.matthewabelslawoffice.com/?p=47044 2026-04-28T14:18:38Z 2026-04-28T14:18:38Z Roadside conditions Weather and road conditions may affect your performance during these tests. For example, rain, snow or ice could make it difficult to maintain your balance performing the walk-and-turn or one-leg stand tests. Uneven pavement, gravel or sloped surfaces may also affect your stability. Poor lighting conditions at night might also make it harder to see where you are supposed to walk during certain tests. Other factors, such as wind and extreme temperatures, could affect your balance and coordination.

Your physical health

If you have certain medical conditions, such as inner ear problems, knee injuries or back pain, you may find it harder to keep your balance. In some cases, performing field sobriety tests could make your symptoms flare up, causing you pain or making it difficult to concentrate. Certain medications might affect your coordination or cause dizziness. Your age and weight may also influence your ability to perform these tests.

The importance of documenting external conditions

If roadside factors or medical conditions affect your performance during a test, it might help to document them. In Indiana, you generally have the legal right to record police interactions or take photographs of roadside conditions, so long as you do not get in the way of an officer’s duties. Similarly, if you have any injuries or health conditions, it may be beneficial to obtain medical records. This could provide you with evidence if you need to protect yourself in court.

Protecting yourself during a traffic stop

Understanding these limitations does not mean you should refuse testing all the time, but it is worth remembering that field sobriety tests are not entirely foolproof. In a traffic stop, it might help to mention any relevant physical conditions or environmental concerns to the officer. Being mindful of external factors may help you protect yourself from a wrongful OWI charge.]]> On Behalf of Abels Law Office <![CDATA[What can block an Indiana expungement petition?]]> https://www.matthewabelslawoffice.com/?p=47043 2026-04-17T08:39:34Z 2026-04-17T08:39:34Z You finally feel ready to clear your record. You fill out the paperwork, pay the filing fee and wait for the court's answer. Then the petition comes back denied. Indiana's expungement law, found in Indiana Code (IC) Article 35-38-9, sets specific requirements, and missing any one of them can stop your petition before it reaches a judge.

Ineligible offenses

Indiana law bars criminal expungement for certain convictions.. Under IC 35-38-9-4 and and IC 35-38-9-5, you cannot expunge a sex or violent offender designation, a felony that caused serious bodily injury or voluntary manslaughter, homicide, human or sexual trafficking or two or more felonies involving the unlawful use of a deadly weapon in separate criminal episodes. If your conviction falls into one of these categories, no waiting period or prosecutor agreement will change the outcome.

Filing too early

Indiana has different waiting periods based on the offense. For misdemeanors, you usually must wait five years after the conviction. For most Level 6 felonies, you usually must wait eight years after the conviction or three years after you finish your sentence, whichever is later. Some more serious felonies have a longer wait and also require the prosecutor’s written consent. If you file before the waiting period ends, the court will deny the petition.

Outstanding obligations or new convictions

The court may deny expungement if you still owe fines, fees, court costs or restitution from the case. A new conviction during the waiting period can also block expungement. Pending criminal charges can do the same. Before you file, make sure you have paid everything you owe and that no new criminal cases are pending.

Why preparation matters

Indiana requires you to include all convictions from the same county in one petition. That means a denial can create a bigger setback. In most cases, you must wait three years before you can try again. Checking your eligibility, confirming the right waiting period and clearing any unpaid obligations before you file can help you avoid delays and mistakes.]]> On Behalf of Abels Law Office <![CDATA[How does Indiana review multiple convictions for expungement?]]> https://www.matthewabelslawoffice.com/?p=47040 2026-04-06T15:46:26Z 2026-04-06T15:46:26Z Do multiple convictions affect expungement eligibility? In Indiana, having multiple convictions does not automatically prevent someone from seeking expungement. However, state law allows individuals to file for expungement only once in their lifetime. Additionally, rules may vary per conviction, including waiting periods and offense-specific restrictions. If a criminal record includes offenses in multiple counties, a petition must be filed in each county. The state court will then consolidate and review all petitions to ensure consistency across filings. Before filing a petition, carefully review the types of offenses, the dates of each conviction and whether any cases overlap. Failing to examine your full record can result in delays or denials.

How do courts handle convictions in multiple counties?

Courts track convictions using unique cause numbers. If you have multiple convictions, each will have its own number. Courts in one county may not automatically see convictions from another county, so it is essential to provide complete information. Missing or inconsistent records can trigger extra scrutiny and prolong your expungement.

How should you file multiple cases for expungement?

To streamline your expungement, plan the sequence of filings carefully. Start with records that have already met waiting periods. Filing in a logical order lowers the risk of errors and conflicting information. Additionally, verify cause numbers, dates and court details for accuracy. If you discover discrepancies, correct them before submitting your petitions.

Moving forward with confidence

Handling multiple convictions in an expungement requires attention to detail, but a structured approach can keep the process on track. You may also benefit from seeking legal counsel to help guide your approach and ensure your filings stay consistent across every county.]]> On Behalf of Abels Law Office <![CDATA[What are the three field sobriety tests officers use in Indiana?]]> https://www.matthewabelslawoffice.com/?p=47039 2026-03-06T13:55:05Z 2026-03-06T13:55:05Z The three standardized field sobriety tests Under the National Highway Traffic Safety Administration, there are three recognized tests. Each of these tests examines a person’s balance, attention, eye movement and thinking ability. These are all factors that can affect a driver’s performance on the road. The three tests are as follows:
  • Horizontal Gaze Nystagmus: You follow the movements of an object with your eyes. The officer pays attention to involuntary jerking that may indicate alcohol impairment.
  • Walk-and-Turn: You take nine steps along a straight line, before turning in a specific way and walking back. The officer checks your balance, coordination and ability to follow instructions.
  • One-Leg Stand: You raise one foot about six inches off the ground and count aloud. The officer observes your balance and keeps an eye out for swaying or hopping.
Even when officers administer these tests, many factors can affect performance. Fatigue, medical conditions, uneven surfaces and poor lighting can all influence the results. After finishing these tests, the officer combines their observations with your driving behavior, speech and other cues to determine if an arrest is necessary.

What makes these tests so significant?

Field sobriety tests help an officer decide whether to arrest, but these tests alone cannot determine if a person drove under the influence. If an officer arrests you for OWI, Indiana’s implied consent law will require you to submit to a chemical test. While field sobriety tests are not mandatory, there are penalties that come with refusing a chemical test, such as license suspensions. With this in mind, these tests have the potential to shape an OWI arrest or charge, which means it is important to take them seriously.  ]]> On Behalf of Abels Law Office <![CDATA[Can a Level 6 felony drug charge be reduced to a misdemeanor?]]> https://www.matthewabelslawoffice.com/?p=47038 2026-02-27T15:06:44Z 2026-02-27T15:06:44Z What Indiana law allows Under Indiana Code, a court has the discretion to enter a judgment of conviction as a Class A misdemeanor rather than a Level 6 felony at sentencing. This is sometimes called a "wobbler" provision, meaning the charge can go either way depending on the circumstances of your case, your criminal history and how the case is handled. Among Indiana's felony classifications, Level 6 sits at the lowest tier, with a possible prison term ranging from six months to two and a half years. On the other hand, a Class A misdemeanor carries a maximum of one year in jail. However, the real difference between a misdemeanor and a felony shows up later. A felony conviction can cost you a job opportunity, a professional license, or even a rental application in ways that a misdemeanor generally would not.

Diversion and drug court as alternatives

A reduction to a misdemeanor is not the only way to protect your record. For some people facing a Level 6 drug charge, pretrial diversion or drug court may offer an even better outcome. Indiana's pretrial diversion programs allow eligible defendants, typically those with little or no prior record, to have their charges dismissed after completing a set of requirements such as counseling, drug screening or community service. Indiana also has Court Alcohol and Drug Programs operating across the state, offering treatment-focused alternatives for those with substance use issues. In both cases, successful completion means the felony charge does not result in a conviction on your record. Eligibility and availability vary by county and prosecutor, so what is available in one county may differ from Hamilton or Hendricks County.

What affects your chances of reducing a charge

Every case is different. The outcome depends on your record, the details of the charge, and whether the stop or search was lawful. A Level 6 felony drug charge is serious, but knowing your options early can give you a stronger chance at a favorable result.]]> On Behalf of Abels Law Office <![CDATA[What defenses are available for resisting law enforcement charges?]]> https://www.matthewabelslawoffice.com/?p=47027 2026-02-18T16:24:03Z 2026-02-18T16:24:03Z Resisting law enforcement charges carry serious consequences in Indiana. A conviction can result in misdemeanor or felony penalties depending on the circumstances. Understanding the available defenses helps you protect your rights and your future.

Lack of intent to resist

The law requires proof that you knowingly or intentionally and forcibly resisted, obstructed, or interfered with an officer. If you did not act with intent, the charge may fail. Confusion during a tense encounter or failure to hear a command may show you did not knowingly resist law enforcement. The state must prove your state of mind beyond a reasonable doubt. If your actions resulted from a misunderstanding rather than intent, that weakens the prosecution’s case.

Unlawful police conduct

Police must act within legal limits. State law allows reasonable force to protect yourself from unlawful force by a public servant, but courts interpret this rule narrowly. You generally may not use force to resist an unlawful entry into your home. However, if an officer uses excessive force, a court may consider whether your response was reasonable under the circumstances.

Insufficient evidence

The state must show that you forcibly resisted, obstructed, or interfered. Words alone typically do not meet the requirement of force. Simply questioning an officer or expressing frustration does not automatically qualify as resisting. Video recordings and witness statements often play a key role. If the evidence conflicts with the officer’s report, you can challenge the accusation and raise reasonable doubt.

Understanding your legal options

A resisting law enforcement charge does not automatically lead to conviction. By examining intent, police conduct, and the strength of the evidence, you can determine which criminal defense strategy best fits your situation.]]> On Behalf of Abels Law Office <![CDATA[How does a sobriety test refusal affect your DUI case in Indiana?]]> https://www.matthewabelslawoffice.com/?p=47017 2026-01-30T16:48:40Z 2026-01-30T16:48:40Z A traffic stop for suspected impaired driving can feel overwhelming. You may wonder what happens if you refuse a sobriety test and how that choice affects your DUI case. Understanding the consequences helps you see what is at stake and what comes next.

Indiana’s implied consent law explained

The state uses an implied consent law. When you drive on the roads in the state, you agree to submit to a chemical test if an officer has probable cause to believe you drove while impaired.  Field sobriety tests on the roadside differ because officers usually ask for them before an arrest, and drivers may decline those tests without triggering implied consent penalties.

License suspension after a refusal

A test refusal leads to a driver’s license suspension through the Bureau of Motor Vehicles. For a first refusal, the suspension lasts one year. If you have a prior OWI conviction, the suspension increases to two years under state law. This suspension begins shortly after the officer provides notice, often before a court resolves the DUI charge. You may qualify for limited driving privileges in some situations, but strict conditions usually apply.

How refusal affects evidence in court

Refusing a chemical test does not stop prosecutors from pursuing a DUI charge. Officers may rely on driving behavior, physical appearance, field sobriety tests, or video footage. Prosecutors can also tell the court about the refusal. They may argue that the refusal suggests concern about test results. This argument does not decide the case by itself, but it can influence how evidence appears.

Possible advantages and drawbacks of refusal

Some drivers refuse testing to avoid a recorded blood alcohol concentration number. Without that number, the state must rely on circumstantial evidence. In some cases, this makes proof more challenging. However, the tradeoff includes a guaranteed license suspension and potential use of the refusal as evidence. You also lose the chance to show a low or borderline test result that might support your defense.

What to keep in mind after a refusal

A sobriety test refusal affects both your driving privileges and your criminal defense case. Knowing how refusal works under Indiana law helps you understand the consequences that may follow.]]>