Many have questions about the expungement process, our fees and costs, how their record can negatively affect them, and many others. We answer many of those questions here. If you don’t find the answer to your question below, please don’t hesitate to contact us. We are happy to provide you with additional information.
What are the costs associated with an expungement handled by your office?
Expungements can be expensive. Many people ask for more details about the costs, so we want to help you understand the basis for the costs and the payment plan options that may be available. After we have evaluated your individual situation, we can give you an exact fee quote and total cost breakdown in a consultation. Some cases are cheaper, and some can be more complex and expensive.
Do you offer a payment plan?
Yes, we do. We offer two payment plan options.
How do you set your fee?
Many people have assumptions about attorney’s fees and look skeptically at the amounts charged for services. This skepticism may be because attorneys often don’t explain their fees in detail. We prefer to give a transparent explanation.
Our fee is based on fundamental business considerations when setting a price for a service. It is no different in that way than a plumber, an electrician, a mechanic, or anyone else who offers a skilled service. There is so much more involved than simply filing some paperwork.
Why is there a filing fee? Isn’t the expungement filed in my original case(s)?
Expungements are not part of the original criminal case filed by the prosecutor’s office at the time of the offense. They are a new civil case that we are opening on your behalf. Indiana Law requires the payment of a filing fee to the clerk when filing any new case.
Why can’t you file one petition in a single county to expunge my entire history across the state?
Quite simply because the law says so. Indiana Law requires that a separate petition be filed in each county where a conviction occurred. Filing a single petition in one county to include all convictions across the state is impossible.
Can I pay for one expungement now and get another expungement later?
Yes and no. You have one year to file all necessary expungement petitions. Indiana law only allows you a single opportunity in your lifetime to expunge your entire criminal history. Suppose you do not file for all expungements in every county within this one-year time frame.
Why do I need a background check? Why do I have to pay a fee for that? Can’t you check mycase.in.gov for free?
A person only qualifies for expungement if certain conditions are met. One such condition is that no charges are within the waiting period between the last conviction and the expungement filing. As such, we are required to show that the condition is met. We must do that by filing your petition with a certified nationwide background check conducted by the Indiana State Police.
Are there pre-qualifications that the law requires to have my record expunged?
Not everyone qualifies for expungement. The ability to seek an expungement and exactly how your record is erased or sealed depends on several factors, including time passed since your last arrest, charge, or conviction, the level of the offense, the type of offense, and whether your criminal history is clean across the entire United States for the whole of the waiting period since your last arrest, charge or conviction. Other criteria are monetary, such as all court costs, fines, fees, and restitution must have been paid in full.
Why must I pay unpaid fines, fees, court costs, and restitution for each case? A long time has passed, and no one has said anything about it until now.
Quite simply, because Indiana law requires it to qualify for an expungement. Even if the state has made no effort to collect the amounts due, you are not legally relieved of the debt. Before we can file the petition for you, you must satisfy any unpaid fines, fees, court costs, and restitution associated with each case.
How long will it take for my expungement to be completed?
Each person’s situation is different. Some people have slight blemishes, such as a basic misdemeanor conviction or a case dismissal. Some people have a lengthier and more complex history than others. Other people’s situation requires preliminary work to modify convictions, and other action needs to be taken to meet the legal criteria to qualify for an expungement.
I’m thinking about trying to do this myself. Why is it better to have a lawyer?
Having a licensed attorney handle your expungement offers critical advantages that can significantly increase the chances of a successful outcome. Many people seriously underestimate the knowledge and know-how necessary to represent oneself in the court system. Indiana’s expungement statutes are exceedingly complex and often difficult to understand compared to the same laws for other jurisdictions.
Why is it so important for me to have my record expunged?
A clear criminal history opens up new opportunities in life. Examples of how an expungement can help individuals are:
Improve Employment Opportunities: Many employers conduct background checks, and a criminal record can be a significant barrier to getting hired. Expungement can remove this obstacle and increase access to better job prospects.
Restore Civil Rights: For certain offenses, expungement can help restore important rights, such as the right to vote, hold public office, or own firearms.
What are collateral consequences?
Collateral consequences are legal and regulatory restrictions that limit or prohibit people convicted of crimes from accessing employment, business and occupational licensing, housing, voting, education, and other rights, benefits, and opportunities. These consequences are not part of your sentence but are mandated by law. They are an unfortunate by-product of your arrest, charge, or conviction.
Does an expungement in Indiana clear my entire criminal history across the United States?
Unfortunately, no. An Indiana expungement only addresses qualifying Indiana matters.
Can arrests, charges, or convictions for something other than a felony affect me negatively?
Yes, most definitely. Many crimes are misdemeanor offenses that don’t have the same general impact on your future, such as loss of civil rights and collateral consequences. However, even a misdemeanor can have the same adverse effects on your future. Anyone reviewing your record for employment, housing, or holding any position of trust can see any arrest, charge, or conviction.
How can a person see my record without going to the courthouse to look at the documents physically?
Indiana has implemented one of the most accessible and transparent online court record systems in the United States. Any person can access your record free of charge through mycase.in.gov. That site provides significant detail about your charges, the action on your case, and your sentence and conviction.
What protections against discrimination are there once my record is expunged?
Indiana law limits what a potential employer can ask about your criminal history during pre-employment. Any questions about criminal history have to be asked in terms that do not include anything in your prior record that was expunged.
If you have any other questions we have not included here, please don’t hesitate to contact us so we can answer them.
We are looking forward to working with you.
