Can I expunge my record myself in Indiana?

Expungement of your criminal record under the Indiana Second Chance Expungement Law has become much easier in recent years.  If you are interested in speaking to an Indianapolis Expungement lawyer about having your criminal record expunged under the Indiana Expungement Law, for a criminal felony, criminal misdemeanor, or DCS case, please contact me at 317-695-7700 for a free consultation with an Indiana expungement attorney or email me at jeffcardella@cardellalawoffice.com  If you are emailing me, make sure to include your date of birth and spelling of your name as it appears on mycase.in.gov

We offer a MONEY BACK GUARANTEE on ALL expungements.  For the majority of expungements, no court appearance or office visit is necessary and we offer affordable prices. 

I have practiced criminal defense my entire career, teach criminal law at the IU School of Law, and have personally handled thousands of cases.  I practice in the entire State of Indiana, including Marion County, Hamilton County, Hendricks County, Boone County, Monroe County, Indianapolis, Bloomington, Noblesville, Carmel, Fishers, Danville, and Plainfield. If you have additional questions about the Indiana Expungement Law, please do not hesitate to contact me for a free consultation at 317-695-7700 or visit our home page.  

Expunging your criminal record in Indiana is a significant legal process that can help you move forward with your life by sealing or erasing certain criminal records. This means that the records are not accessible to the public, and in many cases, you can legally state that you have not been arrested or convicted of the expunged offense. While it is possible to handle this process yourself, also known as filing “pro se,” it requires careful attention to detail and a thorough understanding of the legal requirements.

Understanding Expungement

The expungement law generally allows an individual to file one expungement petition per lifetime, so it is important that it be done correctly.  If the expungement petition is denied, you normally do not get a second chance.  Because of this, most people will want to hire an attorney to handle the expungement petition, especially because hiring an attorney to handle the expungement process is relatively inexpensive.  Filing an expungement petition is much like changing the transmission in a car: it it is not particularly difficult if you know what you are doing, but if you don’t know what you are doing, it is likely to go badly. 

Expungement is a legal procedure that allows individuals to have certain criminal records expunged or sealed. This process can provide numerous benefits, including improved employment opportunities, housing options, and overall quality of life. However, not all records are eligible for expungement, and the process involves several steps and legal criteria that must be met.

Eligibility Criteria

In Indiana, the eligibility for expungement depends on several factors, including the type of offense, the outcome of the case, and the time that has passed since the conviction or arrest.

Steps to Expunge Your Record

1. Gather Necessary Information

Before you start the process, gather all relevant information about your case, including:

  • Case Numbers: These are unique identifiers assigned to your case by the court. You can find your case number on court documents, such as the judgment of conviction or the docket sheet.
  • Dates of Arrest and Conviction: Knowing the exact dates of your arrest and conviction is crucial for determining your eligibility for expungement. You can find these dates on your arrest record, court documents, or by contacting the court where your case was heard.
  • Details of the Charges and Outcomes: This includes the specific charges you were convicted of, the sentence you received, and any other relevant details about your case. You can find this information on court documents, such as the judgment of conviction or the docket sheet.

Having this information readily available will help you accurately complete the necessary forms and ensure that your petition is processed smoothly. If possible, get the CCS documents certified by the clerk.

2. Complete a Petition for Expungement

You will need to file a petition for expungement. The petition will require detailed information about your case and the reasons you believe you are eligible for expungement.

When completing the petition, be sure to:

  • Provide Accurate and Complete Information: Make sure to include all relevant details about your case, such as the case number, dates of arrest and conviction, and the specific charges you were convicted of. Double-check all information for accuracy before submitting the petition.
  • Clearly State the Reasons for Seeking Expungement: Explain why you are seeking expungement and how it will benefit you. This may include reasons such as improving your employment opportunities, housing options, or overall quality of life.
  • Include Supporting Documentation: Attach any supporting documentation that may strengthen your case, such as letters of recommendation, proof of rehabilitation, or evidence of community service. These documents can help demonstrate your commitment to rehabilitation and your positive contributions to the community.
  • Comply with requirements: Make sure the petition complies with the Indiana statutes and Indiana Rules of Civil Procedure. 

3. File the Petition with the Court

Once you have completed the petition, you will need to file it with the court that handled your case. This may involve paying a filing fee.  When filing the petition, make sure to:

  • Submit the Petition to the Correct Court: Make sure to file the petition with the court that handled your case. This is typically the court where you were convicted or where your case was heard.
  • Pay Any Required Filing Fees: Check with the court to determine the filing fee for your petition. If you cannot afford the fee, you may be able to request a fee waiver by completing a fee waiver application and providing proof of your financial situation.
  • Obtain a Copy of the Filed Petition: After filing the petition, obtain a copy for your records. This will serve as proof that you have filed the petition and can be useful if you need to reference it later.
  • Compliance: Comply with any notice requirements regarding the filing of confidential information, service of process, and the entry of an appearance.

4. Serve the Petition

You must serve a copy of the petition to the prosecutor’s office that handled your case. Serving the petition typically involves:

  • Deliver a Copy of the Petition to the Prosecutor’s Office: You can typically serve the petition by delivering a copy to the prosecutor’s office in person or by certified mail. Check with the court for specific instructions on how to serve the petition. If possible, use electronic service.
  • Provide Proof of Service to the Court: After serving the petition, you will need to provide proof of service to the court. This may involve completing a certificate of service or an affidavit of service, which confirms that you have served the petition to the prosecutor’s office.

5. Attend the Hearing

In some cases, the court may schedule a hearing to review your petition. During the hearing, you may need to present evidence and answer questions about your case. It’s important to be prepared and to present yourself professionally. Here are some tips for attending the hearing:

  • Familiarize yourself with the Indiana Rules of Evidence: If your documents are not certified, review the Indiana Rules of Evidence to ensure that proper foundations can be laid to admit documents.
  • Review Your Petition and Supporting Documentation: Before the hearing, review your petition and any supporting documentation to ensure that you are familiar with the details of your case. Be prepared to explain why you are seeking expungement and how you have rehabilitated since your conviction.
  • Dress Appropriately: Dress in a professional manner for the hearing. This shows respect for the court and can help make a positive impression.
  • Arrive on Time: Make sure to arrive on time for the hearing. Being punctual demonstrates
  • Prepare Your Statement: Think about what you want to say during the hearing. Practice explaining why you are seeking expungement and how you have changed since your conviction. Be honest and sincere in your statements.
  • Bring Supporting Documents: Bring copies of any supporting documents you included with your petition, such as letters of recommendation, proof of rehabilitation, or evidence of community service. These documents can help support your case during the hearing.
  • Be Respectful: Show respect to the judge, prosecutor, and court staff. Address the judge as “Your Honor” and follow courtroom etiquette. Being respectful can positively influence the court’s perception of you.

6. Wait for the Court’s Decision

After the hearing, the court will make a decision on your petition. It is all-right to follow up with the court staff, but make sure not to pester the Court. If the court grants the expungement, your records will be sealed or expunged, and you will receive documentation confirming this.  Make sure you engage in proper distribution of the order. If your petition is denied, you may have the option to appeal and should consult counsel immediately to see if it is too late to fix the petition.

After the hearing, the court will make a decision on your petition. This decision may be made immediately after the hearing or at a later date. Here are some tips for this stage:

  • Be Patient: The court may take some time to review your petition and make a decision. Be patient and avoid contacting the court repeatedly for updates.
  • Follow Up: If you do not receive a decision within a reasonable time, follow up with the court to check on the status of your petition. You can do this by contacting the court clerk or checking the court’s online case management system if available.
  • Understand the Decision: If your petition is granted, your records will be ordered sealed or expunged, and you will receive documentation confirming this. If your petition is denied, the court might provide reasons for the denial. Understanding the court’s decision can help you determine your next steps.

Important Considerations

  • Legal Assistance: While it is possible to file for expungement yourself, you may benefit from consulting with an attorney, especially if your case is complex. An attorney can provide valuable guidance and help ensure that your petition is properly completed and filed. Even if you can not hire an attorney, you are generally better off using a free legal service or law school clinic as long as the service or clinic uses licensed attorneys.
  • Accuracy: Ensure all information in your petition is accurate and complete. Inaccurate information can delay the process or result in denial. Double-check all details before submitting your petition.
  • Follow-Up: After your records are expunged, follow up to ensure that all relevant agencies have updated their records. This may involve contacting the Indiana State Police, local law enforcement agencies, and any other entities that may have your records.

Post-Expungement Considerations

Once your records are expunged, there are several important considerations to keep in mind:

Updating Your Records

After your records are ordered expunged, it is important to ensure that all relevant agencies have updated their records. This may involve contacting the following entities:

  • Indiana State Police: The Indiana State Police maintain criminal records and will need to update their records to reflect the expungement.
  • Local Law Enforcement Agencies: Contact local law enforcement agencies, such as the police department or sheriff’s office, to ensure that they have updated their records.
  • Court Records: Verify that the court has updated its records to reflect the expungement. This may involve checking the court’s online case management system or contacting the court clerk.
  • Other Agencies: Depending on your case, there may be other agencies that need to update their records, such as the Department of Motor Vehicles (DMV) or the Department of Corrections.

Employment and Housing Applications

One of the main benefits of expungement is that it can improve your employment and housing opportunities. Here are some tips for navigating these applications post-expungement:

  • Disclosing Your Record: In some cases, you can legally state that you have not been arrested or convicted of the expunged offense. However, there may be exceptions for certain types of employment or licensing. Be sure to understand the specific requirements for the job or housing application you are completing.
  • Background Checks: Sealed records often do not appear on most background checks. However, it is a good idea to run a background check on yourself to ensure that the expunged records do not appear. You can do this through by doing a finger print background check with the FBI and Indiana State Police.
  • Explaining Gaps in Employment: If you have gaps in your employment history due to your conviction, be prepared to explain these gaps to potential employers. Focus on the positive steps you have taken since your conviction, such as completing education or training programs, gaining work experience, or participating in community service.

Legal Rights and Responsibilities

Expungement can restore certain legal rights that may have been lost due to your conviction. These rights may include:

  • Voting Rights: If your voting rights were lost due to your conviction, expungement may restore these rights. Check with your local election office to confirm your voter registration status.
  • Firearm Rights: Expungement might restore your right to possess firearms, depending on the nature of your conviction and state laws. Be sure to understand the specific requirements and restrictions related to firearm possession in Indiana.
  • Professional Licensing: Expungement may improve your eligibility for certain professional licenses. Check with the relevant licensing board to understand how expungement affects your eligibility and any additional steps you may need to take.

Challenges and Common Issues

While the expungement process can provide significant benefits, there are also challenges and common issues that you may encounter. Here are some potential challenges and tips for addressing them:

Incomplete or Inaccurate Records

One common issue is incomplete or inaccurate records. This can occur if the court or law enforcement agencies do not properly update their records after the expungement. Here are some tips for addressing this issue:

  • Verify Records: After your expungement is granted, verify that all relevant agencies have updated their records. This may involve checking online case management systems, contacting the court clerk, or requesting copies of your criminal record.
  • Request Corrections: If you find incomplete or inaccurate records, request corrections from the relevant agency. Provide documentation of the expungement order and any other supporting information to help facilitate the correction process.
  • Follow Up: Follow up with the agency to ensure that the corrections are made. Keep records of your communications and any documentation you provide.

Denial of Petition

If your petition for expungement is denied, it can be a significant setback. Here are some tips for addressing this issue:

  • Understand the Reasons for Denial: The court might provide reasons for the denial of your petition. Understanding these reasons can help you determine your next steps.
  • Seek Legal Assistance: If you are unsure why your petition was denied or how to address the issues, consider seeking legal assistance. 

Legal Resources and Assistance

While it is possible to file for expungement yourself, you will benefit from legal resources and assistance. Here are some options to consider:

Legal Aid Organizations

Legal aid organizations provide free or low-cost legal assistance to individuals who cannot afford an attorney. These organizations can help you with the expungement process, including completing and filing the petition, serving the petition, and representing you at the hearing. Some legal aid organizations in Indiana include:

  • Indiana Legal Services: Provides free legal assistance to low-income individuals in civil matters, including expungement.
  • Neighborhood Christian Legal Clinic: Offers free legal services to individuals in need, including assistance with expungement.
  • Pro Bono: Connects individuals with volunteer attorneys who provide free legal assistance in various matters, including expungement.

Self-Help Resources

There are also self-help resources available to assist you with the expungement process. These resources can provide information, forms, and guidance on how to complete the process yourself. Some self-help resources in Indiana include:

  • Indiana Courts Self-Service Legal Center: Provides forms, instructions, and information on various legal matters, including expungement.
  • Indiana State Police: Offers information on the expungement process and provides forms for completing the petition.
  • Local Law Libraries: Many law libraries have self-help resources and legal reference materials that can assist you with the expungement process.

Conclusion

Expunging your criminal record in Indiana is a process that requires careful attention to detail and adherence to legal procedures. However, you should seek legal advice to ensure the best possible outcome.

Expungement can provide significant benefits, including improved employment and housing opportunities, restored legal rights, and a fresh start. However, it is important to understand the eligibility criteria, complete the necessary forms accurately, and follow the required steps to ensure a successful expungement.