A lot of people in Fort Wayne and across northeastern Indiana are carrying around an old conviction like a weight they cannot put down. Even though it happened years ago, it still shows up on background checks, potentially costing them jobs and keeping them out of decent housing. If that sounds familiar, you may have already heard the word “expungement” thrown around. But what does it actually mean, and could it apply to your situation?
We work with people throughout Allen, Steuben, and LaGrange Counties, and the surrounding region who are dealing with exactly this problem. Criminal records touch nearly every part of a person’s life, which is why understanding criminal law and the options available under it matters so much. Expungement is one of those options, and for the right person, it can genuinely change things. But it is not magic or automatic in Indiana. Here is what you need to understand before you get your hopes too high or dismiss the idea too quickly.
What Expungement Actually Does (and What It Does Not)
Simply put, expungement in Indiana is a court process that restricts public access to certain criminal records. Indiana’s law only restricts access to criminal records. It does not erase a person’s criminal history. Records are marked as expunged and become inaccessible to the public, most employers, and landlords, except for certain felonies. Meanwhile, the ability to access your records are retained by law enforcement agencies, certain licensing boards, and courts in subsequent proceedings.
So what does that mean practically? An expunged conviction or arrest generally will not appear in background checks for employment, leases, and other transactions. Expungement also means that you will no longer have to disclose your arrest or convictions to employers or lenders. For someone who has been turned down for a warehouse job near the I-69 corridor or denied a rental near Waynedale because of an old record, that is significant.
And another thing worth knowing: Indiana law provides that in any application for employment, a license, or other right or privilege, a person may be questioned about a previous criminal record only as it relates to convictions that have not been expunged by a court. A person who has had their record expunged can truthfully answer “no” to that question.
To clarify that last point, though: there are limits. Indiana law prohibits employers from discriminating against individuals solely on the basis of an expunged conviction, though certain professional licensing boards, including those governing healthcare and law enforcement, may still access expunged records. Federal records are also a separate matter entirely. Federal criminal records and records originating in other states are not covered by Indiana’s expungement framework.
Who Might Qualify for an Expungement in Indiana?
A person’s expungement eligibility is determined by evaluating several factors, including the nature of the record, the level and nature of the offense, the amount of time that has passed since the arrest, charge, or conviction, and any other additional characteristics related to the petitioner that may be relevant.
Indiana law generally sets waiting periods based on the type of record involved. For arrests or charges that did not lead to a dismissal before June 30, 2022, the waiting period is one year. For misdemeanors and lower-level felonies that have been reduced to misdemeanors, the waiting period is five years. Class D and Level 6 felonies carry an eight-year waiting period. For certain less serious felonies, you must wait eight years after conviction or three years after completing your sentence, whichever is later; certain serious felonies require ten years after conviction or five years after completing the sentence, whichever is later.
Beyond the waiting period, there are other requirements. Indiana law does not allow anyone to file for any type of expungement if they have pending criminal charges against them. Indiana law also requires all outstanding court costs, fines, fees, and restitution to be paid before you file. No pending charges. No outstanding financial obligations. Both of those boxes need to be checked before you can move forward.
Not every offense qualifies, either. Certain offenses, including sexual or violent offenses, misconduct in office, or two or more separate felonies involving unlawful use of a deadly weapon, are ineligible for expungement. In addition, anyone convicted of an ineligible crime is not eligible for expungement of any otherwise eligible crimes. That last part surprises a lot of people. One disqualifying conviction can block the entire petition.
One more thing that catches people off guard: you may seek expungement only once during your lifetime. You may seek expungement of arrests, charges, and convictions that occurred in different Indiana counties, but you must file your petitions in different counties within one year of the filing date of the first petition. Get it wrong, and that window is gone.
Why Getting This Right Matters More Than Most People Realize
The expungement statutes contain strict requirements for the petition, and how to determine eligibility can be tricky. An experienced Indiana expungement attorney is key to ensuring you accurately confirm eligibility for as much of your criminal record as possible. You only get one shot at expungement, and an attorney can make sure you do not blow it on technical mistakes.
A defense attorney can also help you think through the full picture of your record, including convictions in multiple counties, such as those in Allen, DeKalb, Whitley, or Wells County. If you have arrests, charges, or convictions in different Indiana counties, you will need to file an expungement petition in a court in each county. Coordinating that process within the required timeframe takes planning.
Courts consider various factors when evaluating expungement petitions, including the nature of the offense, the individual’s criminal history, and their rehabilitation efforts. Evidence of steady employment, community involvement, and completion of educational programs can strengthen a petitioner’s case. An attorney can help you present that information effectively.
Frankly, the stakes are high enough that this is not the place to cut corners. If you are living in Fort Wayne and an old conviction is keeping you from advancing at work, qualifying for housing, or moving forward with your life, it is worth a conversation to find out where you actually stand. The team at Myers & Wallace, LLP is here to help you figure that out.