July 2011 Archives

False child molesting allegations happen. That is a fact. It is also true that when a person is accused of child molesting, there is an overwhelming presumption by police and investigators that the accused person is guilty. Child molesting investigations often begin with a forensic interview of the accusing child. The forensic interviewer is typically someone who works regularly with police, child protective services, and the prosecutor's office and is pre-disposed to believe that child molesting occurred. The interview is conducted in a way to develop evidence for a prosecution. During the forensic interview, the accuser's story is not challenged.

 

Police then often contact the person accused of child molesting and seek to interrogate them. They attempt to get the suspect to submit to a polygraph examination to "clear their name". Before the interrogation begins, they request that the accused person sign paperwork waiving their right to an attorney. This process is designed to make the accused person nervous, off-guard, and vulnerable to police interrogation techniques.

Police investigations of child molesting allegations never include taking a polygraph examination of the accuser. If polygraph examinations are not reliable to judge the accuser's story, then clearly they are not reliable to judge someone accused of child molesting. If you are accused of child molesting, or any sex crime, you should never speak to the police without your attorney present.

False child molesting allegations are made for a variety of reasons. Motives to lie about child molesting can be exposed during depositions. However, there is nothing to be gained by a person falsely accused of child molesting, by submitting to aggressive police interrogation and a polygraph examination.  If you are accused or child molesting, or sexual misconduct with a minor, you should contact an experienced criminal attorney immediately. Police often make an aggressive attempt to interrogate child molesting suspects, before they have retained an attorney.

Gibson Law Office is located at 133 N 4th Street, Suite 73, Lafayette, IN 47901. Attorney Brett Gibson has a statewide practice and has won acquittal on numerous child molesting counts in cases hours from Lafayette. 

A new Indiana law provides that certain 8 year-old Class D felony convictions can be sealed from public view. In a competitive job market, a criminal background check that reveals a felony conviction for theft or receiving stolen property can eliminate opportunity. However, a new Indiana law became effective on July 1, 2011 that would allow theft, receiving stolen property, and other nonviolent Class D felony conviction records to be sealed and removed from public view.

The new law applies to misdemeanor and Class D felony convictions that did not result in injury to a person. Class D felonies include theft, receiving stolen property, operating while intoxicated with a prior, possession of marijuana over 30 grams, possession of a controlled substance, and fraud. A person becomes eligible to seal their criminal record 8 years after they have completed the obligations of their sentence. To seal the old criminal record, the person must not have committed a new felony offense since completing their sentence.

If you were convicted of a Class D felony and 8 years have passed since you completed your sentence, this new Indiana law could benefit you greatly. Class D felony convictions can eliminate career advancement, new job opportunities, community positions, and harm your reputation. Old mistakes no longer have to harm your present and future life.

To seal your old criminal records in Indiana, the first step is to confirm that you are eligible under the new law. Contact attorney Brett Gibson for a free initial consultation or phone conference at 765-742-8440 or by e-mail at bg@bbgibson.com. Brett Gibson is a Lafayette, Indiana attorney with a statewide practice. Gibson Law Office is located at 133 N 4th Street, Suite 73, Lafayette, IN 47901. 

Indiana's expungement statute is very limited and primarily only provides relief to persons who were arrested, but not charged with a crime. However, a new Indiana law took effect on July 1, 2011 which allows a person to petition a court to restrict access to a person's criminal record. The new law falls short of expungement ( i.e. police will still be able to see the records). However, if a court orders a person's records to be restricted under this law, the person may legally state on an application for employment that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.

The new law applies to people who were charged with crimes, but were not convicted due to charges being dismissed, being acquitted at trial, or who were convicted of a crime and the conviction was subsequently vacated. For persons convicted of crimes, criminal records can also be sealed in misdemeanor or Class D felony cases that did not result in injury to a person. A convicted person becomes eligible eight (8) years after they have completed all obligations of their sentence. Many states have expungement statutes that allow for removal of convictions.  A person not convicted of a criminal charge becomes eligible in 30 days or one year, depending on whether there was a dismissal, acquittal, or vacation of a conviction.

Indiana's limited expungement statute has placed those convicted of crimes at a disadvantage in the job market. This new law allowing criminal convictions to be sealed will dramatically help people in search of jobs, promotions, and community positions who have been disadvantaged by misdemeanor or felony crimes that could not be expunged.

Many people convicted of crimes in Indiana have sought expungement of their criminal records, only to find out they were not eligible for expungement.  If you have been convicted of a misdemeanor or Class D felony in Indiana, and eight (8) years have passed since you completed your sentence, or you have been acquitted at trial or had criminal charges dismissed, you may be eligible to restrict access to your criminal history. Contact attorney Brett Gibson for a free initial consultation or phone conference at 765-742-8440 or by e-mail at bg@bbgibson.com. Brett Gibson is a Lafayette, Indiana attorney with a statewide practice. Gibson Law Office is located at 133 N 4th Street, Suite 73, Lafayette, IN 47901.