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.

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Testimonials

Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.