Criminal Record Expungement

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On Tuesday, May 21, 2019, I attended a seminar at St. Marys Catholic Church on expunging your criminal record.  This seminar was sponsored by The Volunteer Center.  There were about 30 people in attendance.

I will provide information to assist you but before you go any further, these are the key things you need to know:

  1. The Volunteer Center hosts seminars around every three months.  They have lawyers present and a program to assist you in this process.  You can hire you own lawyer but I would suggest checking their website and planning to attend the next seminar instead of proceeding now.  They are set up to help you and you will need help.  Your best option will most likely be to take advantage of this program.  Click here for upcoming seminar information.
  2. Get expert assistance – DO NOT DO THIS ON YOUR OWN!!!!!  THE PROCESS IS DIFFICULT AND COMPLICATED.  You only get one shot at applying for this in your lifetime.  If you have an administrative error in the process, you cannot reapply.  Engage people who have done this many times.  Take advantage of the expertise and assistance in this program so you do it right with the single opportunity you have.

Overview

What is the Second Change Expungement Initiative?
In 2013, the Indiana General Assembly passed legislation allowing a one-time opportunity for some qualified felony convictions, misdemeanors, and arrest records to be expunged from criminal records.  This is a one-time expungement opportunity and citizens are strongly cautioned not to file without legal assistance. Indiana’s expungement law is complicated and this program provides legal assistance to citizens seeking expungements. A criminal history record limits opportunity in housing, education, credit, and career. The primary goal of the program is to help low to moderate income community members and veterans with criminal offenses gain access to employment, housing, healthcare, and education. To learn more about the Second Chance Expungement program, residents may dial 2-1-1 and ask for information from a trained specialist. Residents may also pick up a flyer at  the Volunteer Center offices.

Agency partners in the Second Chance Expungement Initiative are: Volunteer Center RSVP, Indiana Legal Services, Neighborhood Christian Legal Clinics, Volunteer Lawyer Program and IVY Tech Community College NE Indiana.

The Second Chance Expungement Initiative is funded by: City of Fort Wayne CDBG Grant (Community Development Block Grant), Wilson Foundation and the PNC Charitable Trust.

Helpful PDF Files:

  1. Summary Chart – Second Chance Law
  2. Good Second Chance Information from Marion County
  3. IC 35-38-9 – The Actual Indiana Code for the Second Chance Law

Marvin’s Notes From The Seminar:

  • Second Chance law does not delete records.  It seals and removes them from public access.  Law enforcement, prosecutors and judges can unseal them and access them if there is a future case.  If there is a future cases, the “expungement” can possibly be removed.
  • Different offenses have different waiting periods – see Summary Chart – Second Chance Law
  • For Sections 4 and Sections 5 in Summary Chart – Second Chance Law, court is not required to grant the petition and so far they haven’t granted any in these sections.
  • The program mentioned above will only help with Sections 1-3 of Summary Chart – Second Chance Law – Not Sections 4&5.
  • This of course does not remove information from news media, social media or anything online or that was printed.  Some background check organizations pull official information into their own databases and that information is not deleted through this process.  If you want information deleted from a separate background check database, you need to provide the expungement information to them and they are obligated to remove it from their database.
  • If your expunged record is used against you, you can show them your paperwork.  There are legal penalties if they discriminate against you based on expunged information.
  • You only have one time in your life to do this.  Once done, it can’t be done again.  If it is rejected due to an administrative or technical issue, it can’t be submitted again.
  • Affects Indiana but not Federal.  My understanding is that if you have a felony that is expunged, you still can’t get a gun permit.  Please verify this information.
  • This does not affect criminal records outside of Indiana.  Anything outside of Indiana must be handled separately.
  • Felonies that cannot be expunged include:  homicide, human trafficking, sex crimes, perjury, official misconduct, conviction while an elected official and battery with serious bodily injury.
  • On the Summary Chart – Second Chance Law, you don’t see the current F1-F6 felonies because the new naming has been less than 5 years ago which is the minimum waiting period.
  • Where there is a filing fee, a separate fee must be paid in each county for the record affected.  You must file in each county where there is a record.  Some counties are waiving the fees for indigent people but not Allen County.
  • If you are 4 years into the waiting period of a D felony from Section 2 and you pick up a new misdemeanor, the 5 year waiting period resets – it is from you last conviction.
  • Once your felony is expunged, you can legally answer “No” to the question “Have you ever been convicted of a felony?”  They are supposed to change the question on applications to “Have you ever been convicted of a felony that has not been expunged?”  Organizations haven’t been updating this question.
  • Among the things you can do after expungement is vote, serve on a jury and hold office.
  • It can’t be predicted how the process will take to be completed and finalized.
  • REPEAT – DO NOT TRY TO DO THIS ON YOUR OWN!  IT IS COMPLICATED AND THE STAKES ARE HIGH WITH ONLY ONE CHANCE.  TAKE ADVANTAGE OF THIS FREE PROGRAM.