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A criminal record follows you in ways that go far beyond the courtroom. It shows up when you apply for a job near Dupont Road, when a landlord runs your background check before approving a lease in the Waynedale neighborhood, and when a bank reviews your application for a loan. For many people in Fort Wayne and throughout Allen County, a past arrest or conviction has become a wall standing between them and the life they are trying to build.
Indiana law offers a path forward. Through the state’s expungement process, sometimes called the Second Chance Law, qualifying individuals may be able to seal or restrict access to certain criminal records. That does not mean the process is simple or automatic. It requires meeting specific legal requirements, filing the correct paperwork with the right court, and in some cases, appearing before a judge to make your case.
At Myers & Wallace, LLP, our criminal law attorneys work with people across Fort Wayne and the surrounding area who are ready to take that step. We understand what is at stake and what the process actually involves. Your lawyer will personalize their strategy to fit your needs as an individual.
Expungement is the legal process of sealing or restricting access to certain criminal records. In Indiana, the term is used broadly, but it is worth understanding what it means in practice.
For some records, particularly arrests that did not lead to a conviction or charges that were dismissed, the records may be sealed entirely and removed from public view. For others, including and higher-level felony convictions, the record is marked as expunged and restricted so that members of the public, employers, landlords, and most background check services can no longer access it.
What expungement generally means for you:
It is important to understand that law enforcement agencies and certain government entities may still have access to expunged records in specific circumstances. Expungement removes the public burden of a criminal record. It does not erase history from every possible database or context.
People sometimes underestimate how wide-reaching a criminal record can be. In Fort Wayne’s job market, where employers range from manufacturing operations along I-69 to healthcare systems like Parkview Health and Lutheran Hospital, background checks are routine. Many positions in healthcare, education, financial services, and skilled trades require a clean record or may disqualify candidates with certain convictions.
The same is true in housing. Apartment complexes throughout Fort Wayne, from the neighborhoods near the University of Saint Francis to communities on the city’s southwest side, commonly run criminal background checks as part of the application process. A conviction that is years or even decades old can still trigger a denial.
Beyond employment and housing, a criminal record can affect:
For many people, the practical consequences of a criminal record are ongoing and compounding. Expungement may not solve every problem, but it can remove one of the most visible and damaging barriers.
Indiana’s expungement law covers several categories of records, each with its own requirements and waiting periods. Eligibility depends on the type of offense, how much time has passed, and whether all sentence conditions have been completed.
If you were arrested but never convicted, or if charges were dismissed, you may be eligible to have the arrest record sealed. In general, a waiting period applies from the date of the arrest or dismissal, and no charges can be pending against you at the time you file. For arrests occurring after June 30, 2022, where all charges were dismissed or the defendant was acquitted, the court must order immediate expungement.
Misdemeanor convictions are generally eligible for expungement. The standard waiting period is five years from the date of conviction. You must have no pending criminal charges, must have paid all fines, fees, and court-ordered restitution, and must not have been convicted of another crime during the waiting period.
Class D and Level 6 felonies carry a longer waiting period, generally eight years from the date of conviction. If the felony was reduced to a misdemeanor through alternative sentencing, the misdemeanor waiting period may apply instead, which could shorten the timeline.
More serious felonies that did not involve violent offenses or bodily injury may be eligible for expungement after a longer waiting period, generally eight years from conviction or three years after completing the sentence, whichever comes later. Some of these cases require the written consent of the prosecuting attorney before a court will grant the petition.
Not every conviction qualifies. Indiana law excludes certain offenses entirely, regardless of how much time has passed. These typically include:
One additional point that is easy to overlook: Indiana’s expungement law generally allows a person to petition only once. Getting the petition right the first time matters significantly.
The process begins with determining whether you are eligible and identifying which category of Indiana law applies to your record. From there, the steps generally include:
If you have records in multiple Indiana counties, each county requires its own petition. And there is a time-sensitive aspect to filing across counties: all petitions generally need to be filed within a specific window, or certain records may become ineligible for inclusion in that round of expungement.
The Allen County courts, located at the Allen County Courthouse on South Calhoun Street in downtown Fort Wayne, handle expungement petitions for records originating in Allen County. Petitions filed there follow both state law and the court’s local procedures, which can include mandatory hearings in contested cases.
People come to our law office from all walks of life and with a wide range of records. Some were arrested years ago and never convicted but still find the arrest showing up on background checks. Others picked up a misdemeanor in their twenties and are now trying to advance in a career in healthcare or education. Some have a felony conviction that has made it difficult to find stable housing in Fort Wayne’s competitive rental market.
Here are a few typical scenarios:
Each situation is different. Eligibility depends on the specific facts, the offense level, the time that has passed, and whether all sentence conditions have been satisfied.
No. Indiana law allows expungement for many types of records, but not all. Arrests without conviction, dismissed charges, misdemeanors, and certain felonies may qualify, depending on the offense and how much time has passed. However, some convictions cannot be expunged under any circumstances. These generally include homicide offenses, sex crimes, human trafficking, official misconduct, and certain violent felonies. If you are unsure whether your specific record qualifies, speaking with a lawyer is the most reliable way to find out.
The timeline varies. Once a petition is filed with the court, the prosecuting attorney typically has up to 30 days to respond. If there is no objection and the petition meets all legal requirements, the court may grant the expungement without a hearing, and the process can move relatively quickly from there. If a hearing is required, or if the prosecutor objects, the process takes longer. From the time you file to the time a final order is issued, the process often takes several months. Gathering records, verifying eligibility, and preparing the petition before filing adds additional time on the front end.
Not necessarily. Expungement restricts public access to your record, which means most employers, landlords, and individuals conducting background checks will not see it. You can generally answer “no” on most applications when asked about prior convictions. However, law enforcement agencies, certain government entities, and prosecutors may still access expunged records in specific situations. Additionally, some federal agencies and immigration authorities may treat expunged convictions differently than state law does. Expungement provides significant practical relief, but it does not eliminate every possible form of access to your history.
You are not legally required to have a lawyer to file an expungement petition in Indiana. However, the process involves specific legal requirements, strict deadlines, and procedural rules that vary depending on the type of record and the court involved. A mistake in the petition, a missed filing deadline, or an overlooked record from another county can result in a denial. Working with a lawyer who is familiar with Allen County court procedures and Indiana’s expungement law can help you avoid those risks and give your petition the strongest possible foundation.
Our law firm handles expungement cases for people throughout Fort Wayne and Allen County, as well as clients in surrounding communities. We approach each case by reviewing the full picture of your criminal history, identifying which records may qualify, and making sure the petition is prepared correctly and filed at the right time.
We know that pursuing an expungement is not a casual decision. For most people, it represents a significant step toward a more stable life. We take that seriously and work to make the process as clear and straightforward as possible.
If you have questions about whether you may qualify, or if you are ready to move forward, we encourage you to contact our office to schedule a consultation. Our attorneys are prepared to review your situation and give you a realistic assessment of your options under Indiana law.
A past conviction does not have to define your future. Indiana’s expungement law exists precisely because the legal system recognizes that people change. The question is whether your record qualifies and whether the petition is handled correctly. Trust our experienced law firm to guide you through the process step by step.
Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.
