Clearing Your Record in Indiana: A Step-by-Step Guide to Expungement

Posted on September 30, 2025 by admin

A criminal record can feel like a shadow that follows you everywhere—affecting job opportunities, housing applications, and even personal relationships. If you’re living in Indiana with a criminal record that’s holding you back, criminal record expungement might be the fresh start you’ve been seeking.

Expungement is a legal process that allows eligible individuals to have certain criminal records sealed or removed from public view. While your record won’t disappear entirely from law enforcement databases, it becomes inaccessible to most employers, landlords, and the general public during background checks.

Understanding Indiana’s Second Chance Laws and expungement requirements can be the first step toward reclaiming your future. This comprehensive guide will walk you through everything you need to know about criminal record sealing in Indiana, from determining your eligibility to navigating potential challenges in the process.

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Understanding Expungement Eligibility in Indiana

Before diving into the expungement application process, you must first determine whether your criminal record qualifies for expungement under Indiana law. The state has specific expungement eligibility criteria that vary depending on the type and severity of your offense.

Waiting Periods by Offense Type

Indiana’s expungement requirements include mandatory waiting periods that must pass before you can file your petition:

Arrests Without Convictions: If you were arrested but never convicted, you can typically apply for expungement immediately, provided no charges are pending.
Misdemeanor Convictions: You must wait at least five years from the date of conviction or completion of your sentence, whichever is later.
Level 6 Felonies and Class D Felonies: These require an eight-year waiting period from the date of conviction or completion of sentence.
Higher-Level Felonies: More serious felonies generally require longer waiting periods, and some may not be eligible for expungement at all.

Disqualifying Factors

Certain circumstances can make you ineligible for expungement, regardless of the waiting period. You cannot pursue criminal record expungement if you:

Have pending criminal charges
Were convicted of certain violent crimes or sex offenses
Have been convicted of multiple felonies (with some exceptions)
Failed to complete all terms of your sentence, including probation and restitution payments

Step-by-Step Guide to Indiana Expungement

Successfully navigating the expungement process requires careful attention to detail and strict adherence to legal procedures. Here’s how to approach each phase of your expungement application.

Gathering Necessary Documents

The foundation of a successful expungement petition lies in thorough documentation. You’ll need to collect several key documents before filing your petition:

Criminal History Records: Obtain certified copies of your criminal history from the Indiana State Police. This official record will show all arrests, charges, and convictions on your record.
Court Records: Request copies of all relevant court documents from the clerk’s office in the county where your case was handled. This includes charging documents, plea agreements, and sentencing orders.
Proof of Sentence Completion: Gather documentation proving you’ve fulfilled all requirements of your sentence, including probation completion certificates, proof of community service, and receipts for fines or restitution payments.
Personal Information: Prepare current identification, proof of residence, and any name change documents if applicable.

Filing the Petition

Once you’ve assembled your documentation, you’ll need to file a formal expungement petition with the appropriate court. This process involves several critical steps:

Determine the Correct Court: File your petition in the circuit or superior court of the county where the conviction occurred. If you have convictions in multiple counties, you’ll need separate petitions for each jurisdiction.
Complete Required Forms: Indiana courts provide specific forms for expungement petitions. These forms must be completed accurately and completely, as errors can result in delays or denials.
Pay Filing Fees: Most courts require filing fees for expungement petitions, though fee waivers may be available for those who qualify based on income.
Serve Notice: You must provide notice to the prosecuting attorney’s office, giving them an opportunity to respond to your petition.

Attending Court Hearings

After filing your petition, the court may schedule a hearing to review your case. While not all expungement cases require hearings, being prepared is essential:

Prepare Your Case: Be ready to explain why expungement would serve the interests of justice and demonstrate your rehabilitation since the conviction.
Bring Supporting Evidence: Character references, employment records, educational achievements, and community involvement can strengthen your case.
Dress Professionally: Treat the hearing with the same respect you would any court appearance, dressing professionally and arriving early.

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Potential Challenges and How to Address Them

Even eligible candidates may face obstacles during the expungement process. Understanding common challenges can help you prepare for and overcome potential setbacks.

Prosecutorial Opposition

Prosecutors have the right to object to your expungement petition. They might oppose your request if they believe you haven’t demonstrated sufficient rehabilitation or if they have concerns about public safety. To address potential opposition:

Document your rehabilitation efforts thoroughly
Gather strong character references from employers, community leaders, or counselors
Be prepared to explain how circumstances have changed since your conviction

Incomplete or Incorrect Documentation

Missing or inaccurate paperwork is one of the most common reasons for expungement delays or denials. To avoid these issues:

Double-check all forms for accuracy before submission
Ensure you have certified copies of all required documents
Consider having an expungement lawyer review your paperwork before filing

Outstanding Financial Obligations

Courts will not grant expungement if you still owe fines, fees, or restitution from your original case. Before filing your petition:

Contact the clerk’s office to verify any outstanding balances
Make payment arrangements if you cannot pay in full immediately
Obtain receipts or documentation proving payment

Frequently Asked Questions About Indiana Expungement

Can I expunge multiple offenses at once?

Yes, Indiana law allows you to include multiple eligible offenses in a single expungement petition, provided they all occurred in the same county. This approach can be more cost-effective than filing separate petitions.

What happens if my expungement petition is denied?

If your petition is denied, you typically must wait at least three years before filing another petition for the same offense. However, you can appeal the denial or address the reasons for denial and refile sooner in some circumstances.

Will my expunged record be completely erased?

Criminal record sealing doesn’t completely erase your record. While it becomes inaccessible to most employers and the public, law enforcement agencies and certain government entities may still have access under specific circumstances.

Do I need an attorney to file for expungement?

While Indiana law allows individuals to represent themselves in expungement proceedings, the process can be complex. An experienced expungement lawyer can help ensure your petition is properly prepared and increase your chances of success.

How much does it cost to expunge a criminal record in Indiana?

Costs vary by county but typically include court filing fees, document preparation costs, and attorney fees if you choose legal representation. Filing fees alone can range from $100 to $300 per petition.

Taking the Next Step Toward a Clean Record

Criminal record expungement offers a legitimate path to moving beyond past mistakes and building a brighter future. The process requires patience, attention to detail, and often considerable paperwork, but the benefits of clearing your record can be life-changing.

Successfully expunging your record can open doors to better employment opportunities, housing options, and educational prospects that may have been closed due to your criminal history. Many people find that the peace of mind alone makes the expungement process worthwhile.

However, navigating Indiana’s expungement laws and procedures can be challenging, especially when facing potential opposition or complex legal requirements. Consulting with an experienced expungement attorney can provide valuable guidance, increase your chances of success, and ensure you don’t miss critical deadlines or requirements that could jeopardize your petition.

Take the first step toward a fresh start by determining your eligibility for expungement. Contact us today to Schedule an Eligibility Review. Our team is ready to provide personalized guidance and help you understand your options. Don’t wait—reach out now to begin the process of reclaiming your future.

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Ban the Box and Beyond: Understanding Your Rights as a Job Seeker with a Record

Posted on August 15, 2025 by admin

Finding employment with a criminal record presents unique challenges that millions of Americans face daily. The stigma surrounding criminal history often creates barriers that prevent qualified individuals from securing meaningful work, perpetuating cycles of unemployment and recidivism. However, understanding your rights and the legal protections available can significantly improve your job search outcomes.

Ban the Box initiatives and Indiana criminal record expungement laws offer pathways to better employment opportunities. These legal frameworks recognize that past mistakes shouldn’t permanently define your future potential. By learning about your rights as a job seeker and exploring options like Criminal Record Expungement, you can take concrete steps toward rebuilding your career and achieving financial stability.

This comprehensive guide will help Indiana job seekers navigate the complex landscape of employment with a criminal record, from understanding legal protections to exploring expungement opportunities.

Call 317-636-7514 to Speak With Our Indiana Record Expungement Lawyers

What Is Ban the Box?

Ban the Box refers to a nationwide movement that removes criminal history questions from initial job applications. This initiative gets its name from eliminating the checkbox that asks applicants to disclose their criminal background upfront. The primary goal is ensuring that jobs for felons and other individuals with criminal records receive fair consideration based on their qualifications rather than being immediately disqualified due to their past.

Currently, over 150 cities and counties across the United States have adopted Ban the Box policies, along with 35 states and the District of Columbia. These policies typically apply to government positions and, in some cases, private employers. While Indiana hasn’t implemented a statewide Ban the Box law, several cities within the state have adopted these policies for municipal employment.

Ban the Box doesn’t eliminate criminal background checks entirely. Instead, it delays the inquiry until later in the hiring process, usually after an interview or conditional job offer. This approach allows employers to evaluate candidates based on their skills and experience before considering their criminal history.

Legal Rights and Protections for Job Seekers

Understanding your legal protections is crucial when navigating the job market with a criminal record. Federal and state laws provide several safeguards against discrimination, though these protections have limitations.

The Equal Employment Opportunity Commission (EEOC) provides guidance on how employers should consider criminal records during hiring. Employers must demonstrate that excluding candidates based on criminal history is job-related and consistent with business necessity. They cannot implement blanket policies that automatically disqualify all applicants with criminal records.

Indiana follows federal guidelines regarding criminal background checks in employment. Employers must obtain written consent before conducting a criminal background check, and they must provide you with a copy of the report if it influences their hiring decision. Additionally, certain types of records may not be considered after specific time periods have passed.

Some convictions are legally protected from employment discrimination. For example, arrests that didn’t result in conviction generally cannot be used as a basis for employment decisions. Similarly, expunged or sealed records should not appear on most background checks, making Criminal Record Expungement a valuable option for eligible individuals.

When and How to Disclose Your Criminal Record

Honesty and transparency remain your best strategy when dealing with criminal history disclosure. While this approach requires courage, it often produces better results than attempting to hide your past, which can lead to immediate disqualification if discovered later.

Timing your disclosure strategically can make a significant difference in outcomes. If the application doesn’t ask about criminal history upfront, wait until you’ve had an opportunity to showcase your qualifications through interviews or skills assessments. This approach allows employers to see your value before learning about your past mistakes.

When you do disclose your criminal history, focus on demonstrating personal growth and rehabilitation. Explain what you’ve learned from your experiences and how you’ve worked to improve your life. Provide specific examples of positive changes, such as completing education programs, maintaining steady employment, or engaging in community service.

Keep your explanation brief and factual. Avoid making excuses or providing excessive detail about the circumstances surrounding your conviction. Instead, emphasize your commitment to being a reliable and valuable employee.

Learn Your Eligibility for Expungement Here! ✅

Highlighting Your Skills and Qualifications

Overcoming the stigma associated with criminal records requires a strategic approach to showcasing your strengths. Developing and highlighting your skills becomes even more critical when competing for positions as someone with a criminal history.

Create a comprehensive inventory of your abilities, including both hard and soft skills. Technical skills, certifications, and specialized knowledge can set you apart from other candidates. Soft skills such as problem-solving, communication, and leadership are equally valuable and should be prominently featured in your resume and interviews.

Consider pursuing additional education or training while job searching. Community colleges, vocational schools, and online platforms offer numerous opportunities to gain new skills or enhance existing ones. These efforts demonstrate your commitment to self-improvement and can help offset concerns about your criminal history.

Volunteer work provides another excellent opportunity to demonstrate your character and build references. Many organizations welcome volunteers regardless of criminal history, and consistent volunteer service shows potential employers your dedication and reliability.

Criminal Record Expungement in Indiana

Criminal record expungement offers a legal pathway to limit public access to your criminal history, significantly improving your employment prospects. Indiana’s expungement laws, enacted in 2013 and expanded since then, provide opportunities for eligible individuals to petition the court to restrict access to their criminal records.

Understanding expungement eligibility is the first step in this process. Indiana law allows expungement for various types of convictions, including misdemeanors and certain felonies, provided specific conditions are met. Generally, you must wait a designated period after completing your sentence before becoming eligible to file an expungement application.

For misdemeanor convictions, the waiting period is typically five years from the date you completed your sentence. Class D and Level 6 felonies require an eight-year waiting period, while more serious felonies may require longer waiting periods or may not be eligible for expungement at all.

The expungement process involves several steps, beginning with determining your eligibility and gathering necessary documentation. You’ll need to obtain certified copies of your criminal records, complete the required forms, and file a petition with the court where your conviction occurred. The process also involves serving notice to the prosecutor’s office and paying applicable fees.

Having your record expunged provides significant benefits for job seekers. Once expunged, your criminal record is restricted from public view, meaning most employers cannot access this information through standard background checks. You can legally answer “no” when asked about criminal convictions on job applications, with limited exceptions for certain regulated industries.

Resources and Support Organizations in Indiana

Navigating the job search process with a criminal record doesn’t have to be a solitary journey. Indiana offers numerous resources and support organizations designed to help individuals with criminal histories find employment and rebuild their lives.

The Indiana Department of Correction provides reentry services that include job placement assistance, skills training, and educational opportunities. These programs begin before release and continue after reintegration into the community, providing continuity of support during this critical transition period.

Local organizations throughout Indiana offer specialized services for individuals with criminal records. These may include resume writing assistance, interview coaching, job placement services, and connections with employers who are willing to hire people with criminal histories.

Legal aid organizations can provide assistance with expungement applications and other legal matters related to employment rights. Many offer free or low-cost services based on income eligibility, making legal representation accessible to those who need it most.

Your Next Steps

Having a criminal record doesn’t have to define your employment future. Understanding your rights, utilizing available resources, and taking advantage of legal options like expungement can open doors to better opportunities. The key is taking proactive steps to improve your situation rather than allowing past mistakes to limit your potential.

Every individual’s situation is unique, and the best approach for addressing employment challenges with a criminal record depends on your specific circumstances. Professional legal guidance can help you understand your options and develop a strategy tailored to your needs.

If you’re ready to explore your expungement options and take control of your future, our experienced legal team is here to help. Contact David E. Lewis, Attorney at Law today for a consultation to discuss how criminal record expungement might benefit your job search and overall quality of life. Don’t let your past continue to limit your future—take the first step toward new opportunities today.

Schedule Your Free Consultation Now

New Beginnings: How to Legally Cleanse Your Criminal History in Indiana

Posted on May 13, 2025 by admin

A criminal record can often feel like a roadblock, affecting your ability to secure employment, access housing, and even pursue meaningful opportunities. Fortunately, Indiana law provides a clear pathway to a fresh start through criminal record expungement. This guide will walk you through everything there is to know about the process, from eligibility requirements to common mistakes, and why seeking legal assistance might be your best decision.

Whether you’re looking to improve your chances at a better future or simply curious about your options, this post will give you the knowledge to take the first step toward reclaiming your story.

Call 317-636-7514 to Speak With Our Experienced Expungement Lawyers in Indiana

Understanding Expungement in Indiana

Expungement is the legal process of sealing or removing certain entries on your criminal record, effectively giving you a clean slate. Under Indiana’s Second Chance Law, eligible individuals can petition to clear their records, preventing most prospective employers, landlords, and others from viewing past offenses.

What is Record Sealing vs. Expungement?

While expungement clears your record, sealing a record restricts public access without erasing the information entirely. Law enforcement or certain government bodies may still access sealed records. Both processes, however, limit the negative impacts of past offenses during background checks.

Eligibility Requirements – Who Qualifies for Expungement?

General Eligibility

Under IC 35-38-9-1 of Indiana law, eligibility for expungement depends on the type of offense, the time elapsed since the conviction, and whether you’ve fulfilled all sentencing requirements. Here’s a breakdown of eligibility by conviction type:

▷ Arrests Without Conviction

If you were arrested but not convicted, you may petition for expungement after one year, provided the charges were dismissed or resulted in an acquittal.

▷ Misdemeanors

Most misdemeanors, or felonies downgraded to misdemeanors, are eligible after five years, as long as all court requirements (e.g., fines or probation) are complete.

▷ Felonies

Felonies that didn’t involve serious violence may be eligible for expungement after eight years, though some require prosecutor approval.

▷ Serious Violent Felonies

These cases face additional scrutiny and are often not eligible unless specifically petitioned and granted at the court’s discretion.

▷ Convictions for Sexual Crimes or Official Misconduct

These offenses are generally not eligible, but consult an attorney to understand exceptions.

Can Multiple Convictions Be Expunged?

Yes. Indiana allows the expungement of multiple convictions in a single petition as long as they meet the above time and eligibility criteria. Timing is crucial, however, since individuals are typically granted only one opportunity to file for expungement in their lifetime.

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The Expungement Process – A Step-by-Step Guide

Step 1 – Gather Documents

Obtain certified copies of your criminal records. You’ll need documentation from the courts where your convictions occurred, and in some cases, you may need to provide background checks.

Step 2 – Confirm Eligibility

Make sure your case(s) qualify under IC 35-38-9-1. Verify that enough time has passed since your conviction and that all fines, fees, and probation requirements have been completed.

Step 3 – File Your Petition

Draft and file a petition for expungement at the court where the conviction was processed. This petition must highlight key details, including the offense in question and proof of your eligibility.

Step 4 – Notify Relevant Parties

Notify the prosecutor’s office, as they may contest your petition. You must allow them adequate time (as prescribed by local court rules) to review your request.

Step 5 – Attend Your Court Hearing

If required, attend a court hearing to explain your application. Bring supporting evidence of rehabilitation, like proof of employment, volunteer work, or course completions.

Step 6 – Decision

If successful, your record will be expunged and sealed, allowing you a clean slate. If denied, seek advice on reapplication or appealing the decision.

Common Mistakes to Avoid – Ensuring a Smooth Process

Incomplete Documentation – Missing court records or incorrect filing can halt your progress. Double-check required forms and deadlines.
Filing Too Early – Petitions submitted before the mandatory waiting period will likely be rejected.
Failing to Fulfill Sentencing Requirements – Proof that all fines, probation, or community service obligations were met is essential.
Not Consulting an Attorney – Indiana’s expungement laws are intricate. Failing to seek professional guidance may result in a denied application.

Benefits of Expungement – Rebuilding Your Future

Cleaning your criminal record opens the door to a brighter future. Here are some practical benefits of record clearing:

Better Employment Opportunities – Expungement reduces barriers during background checks, boosting your chances of landing a job.
Improved Housing Options – Landlords often conduct background screenings, and an expunged record increases your ability to secure housing.
Financial Growth – With higher earning potential and more stability, you’ll experience greater financial opportunities.
Restored Reputation – An expungement removes the public stigma associated with a criminal record.

Seeking Legal Assistance – When to Consult an Expungement Lawyer

While individuals can pursue expungement on their own, hiring a professional attorney increases success rates and ensures the process goes smoothly. An expungement lawyer can:

Evaluate your eligibility carefully.
Help draft and file accurate petitions.
Represent you in court hearings should your case face opposition.

Legal fees vary but are worth the investment, considering the long-term relief and opportunities an expunged record provides.

Your Path to a Fresh Start

Clearing your criminal record in Indiana through expungement is a powerful way to regain control of your life and rebuild your future. By following Indiana’s Second Chance Law and taking the proper steps, you can access a broad range of opportunities that were closed off before.

Don’t wait to take back control of your narrative. Begin your expungement process today by scheduling a free Indiana expungement consultation with David E. Lewis, Attorney at Law. Your clean slate is closer than you think.

Schedule Your Free Consultation Now

Do My Background Check Results Really Matter?

Posted on June 29, 2020 by admin

When you first learn that you are subject to a background check, you might not think much of it. But after the reality sets in that someone will be viewing all of your criminal, and possibly civil, personal records, you might feel differently. Most people are anxious to have a background scan, especially if they have a criminal history. If this is a similar case to yours, you too might wonder how impactful or important your background check results are.

For help, continue below to review the basics surrounding background checks, including the various types available, and how their results might affect a person’s life, both personally and professionally.

Criminal Record Expungement Attorney 317-636-7514

What is a Background Check?

A background check is a process used to verify that a person is who they say they are. They can be used to verify the acumen and qualification of a worker, or to ensure that a potential partner does not have a violent past. However, employers and the general public are not the only markets for background checks. Background checks are also used by law enforcement, courts, admissions offices, rental companies, loan offices, landlords, professional licensing branches, and more. In fact, there are various types of background checks that exists, some offering only a limited view of basic information, and others that are highly-detailed and go back very far into a person’s past.

Common Types of Background Checks:

✏ Criminal Records
✏ Driving Records
✏ Employment History
✏ References Check
✏ Rental History
✏ Education Records
✏ Sex Offender Registry Check
✏ Credit Score Background Check
✏ Social Media Background Check
✏ Internet Background Check
✏ Professional License & Certification Check
✏ Social Security Number Trace

Do Results Matter?

As mentioned, there are several parties that use background checks. When applying for a job or promotion, your background check results will tell an employer whether or not you are hire-able. When applying for a loan or rental home, a bank will want to check your personal records, and an apartment complex or landlord will want to view your rental history. If any of the results come back unsatisfactory, you could be denied a loan or a rental home. When trying to get into the school of your dreams, or even a program to obtain a certification, you can bet that the admissions office will run a background check to verify that you are a good candidate.

In most cases, the only personal record you really have to worry about is a criminal record. When employers, landlords, banks, and more, see that you were arrested or convicted of a crime, it sends up a giant red flag. Automatically, any applicant that does not have a criminal record will be more qualified than you. So, what can a person do that has a criminal record, but wants to be eligible for great jobs and housing? The answer is criminal record expungement.

Criminal Record Expungement Services in Indianapolis, Indiana

Call our Indianapolis expungement lawyers at 317-636-7514 if you have a criminal record in Indiana that you would like to clean up this year. Our law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more, today.