South Bend Expungement Lawyers

If you have been convicted of a crime in Indiana, the good news is that your record may not be publicly accessible forever. Indiana’s Second Chance Law allows eligible individuals to have certain criminal convictions sealed, making them unavailable to most employers, landlords, and the general public. While the record remains on file, it will be hidden from routine background checks, helping you move forward with your life.

If you want to learn how this law may help you, contact a South Bend expungement lawyer who can guide you through the process and protect your rights.

What Is Expungement?

Expungement is the legal process of sealing a criminal record so it no longer appears in public or standard background checks. This can greatly improve your chances of securing employment, housing, and other opportunities that might otherwise be denied due to your record.

It’s important to note that not all convictions are eligible for expungement in Indiana. An experienced expungement lawyer can review your specific case, explain your eligibility, and assist with filing the necessary paperwork.

Although expungement doesn’t completely erase your criminal record, it limits who can see it, meaning employers and landlords typically cannot use it against you.

What Is Indiana’s Second Chance Law?

Passed in 2013, Indiana’s Second Chance Law was designed to help individuals burdened by past convictions regain their footing. The law allows you to apply for expungement of certain non-violent misdemeanors and Class D felonies under specific conditions:

• You can apply five years after your conviction (or eight years for Class D felonies).
• You must have completed your sentence.
• You cannot have any new criminal charges or convictions during the waiting period.
• You must not have any current or pending driver’s license suspensions.
• You must pay the required licensing fee.

Indiana’s law is broader than many other states’, providing more opportunities to seal records for a wider range of offenses.

Which Crimes Are Eligible for Expungement?

• Most misdemeanor convictions qualify.
• Many Class D non-violent felonies are eligible if you meet all requirements.
• Arrests or charges that did not lead to convictions are automatically expunged without needing to apply.
• Certain crimes, however, are excluded from expungement, including violent felonies and some sexual offenses, which remain on your record permanently.

How Does the Expungement Process Work in Indiana?

To start, you file a petition for expungement in the county where you were convicted. This petition must include detailed information about your conviction and eligibility.

Expungement is not automatic. Prosecutors are notified and may object to your petition. If an objection occurs, you’ll have a hearing before a judge, who will decide whether to grant your request.

Why Might an Expungement Petition Be Denied?

A judge may deny your expungement request if:

• You filed in the wrong county.
• Your conviction is for a crime that is ineligible.
• You have not completed your sentence.
• You have been charged with a new crime since your conviction.
• Your petition contains errors or incomplete information.

Because expungement is a legal process with potential challenges, having an experienced lawyer is crucial. They can help ensure your petition is properly prepared, represent you at hearings, and advocate for your rights.

Benefits of Expungement

Living with a criminal record can severely impact your life. Simple background checks can reveal your history to employers, landlords, and others, often leading to discrimination.

Successfully sealing your record removes this barrier, helping you secure better job prospects, housing, and education opportunities. It also helps reduce the stigma associated with a criminal conviction, giving you a fresh start and greater confidence in your future.

Why You Need a South Bend Expungement Lawyer

Indiana’s expungement laws are complex and involve strict eligibility criteria, deadlines, and paperwork requirements. One mistake—such as filing in the wrong court or missing key information—can cause delays or denial.

An experienced South Bend expungement lawyer will:

• Evaluate your eligibility and timing based on your offenses.
• Prepare a complete, compelling petition.
• Navigate the court process and respond to any prosecutor’s objections.
• Represent you at any hearings to protect your interests.

Keep in mind, under the Second Chance Law, you usually get one opportunity to petition for expungement, so getting it right the first time is critical.

Contact the South Bend Expungement Lawyers at Wilson & Kinsman, LLC

If you want to seal your criminal record and take control of your future, contact the South Bend expungement lawyers at Wilson & Kinsman, LLC today. Call 574-522-1900, book online, or submit a form to schedule your free consultation. With offices in South Bend and Elkhart, we proudly serve clients throughout St. Joseph County and the entire state of Indiana. Let us help you get the fresh start you deserve.