Indiana’s “Second Chance Act” Can Provide Relief From Past Mistakes

Do you have an old Indiana conviction that you dread revealing to potential employers? Under Indiana’s new “Second Chance Act”, you may no longer have to tell anyone and employers may not be allowed to find out!

In an August article, we discussed how Indiana’s new expungement statute could help criminal defense attorneys plan ahead and negotiate for your conviction to be vacated. However, that doesn’t help those who have old convictions. The better news for those individuals is that a new “Second Chance Act” allows records of nonviolent, non-sexual misdemeanors and Class D felonies older than eight years to be hidden from all but criminal justice agencies.

IC 35-38-8-4 allows sealing of records so long as the following four conditions are met:

(1) the person is: (A) not a sex or violent offender; or (B) a sex or violent offender, but the offender’s status as a sex or violent offender is solely due to the offender’s conviction for sexual misconduct with a minor (IC 35-42-4-9) and the offender proved that the defense described in IC 35-42-4-9(e) applies to the offender;

(2) the person was: (A) convicted of a misdemeanor or a Class D felony that did not result in injury to a person; or (B) adjudicated a delinquent child for committing an offense that, if committed by an adult, would be a misdemeanor or Class D felony not resulting in injury to a person;

(3) eight (8) years have passed since the person completed the person’s sentence and satisfied any other obligation imposed on the person as part of the sentence; and

(4) the person has not been convicted of a felony since the person completed the person’s sentence and satisfied any other obligation imposed on the person as part of the sentence.

So if you meet these conditions, then a court can order the State Police to restrict access to your records from everyone but criminal justice agencies. The statute also allows you to legally deny that you have ever had such a conviction. Specifically: “If a court orders a person’s records to be restricted under this chapter, the person may legally state on an application for employment or any other document that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.” (From Section 7 of IC 35-38-8-4).

So if an old conviction is still haunting you then we at SFT Lawyers may be able to help!

  • spencer abbott

    I have an old conviction from 20 yrs ago it was a class D felony but I have not been in trouble again since I’ve learned my lesson can you help please

    • jgb

      Sure, it sounds like we should be able to help. Just give us a call at 219-531-7787 or email your contact information to jgb@etzlerlaw.com and we can call you.

    • bdahl

      Spencer,
      Please give me a call at 219-531-7787 so we can determine if you qualify to have your criminal conviction expunged off your record.

  • Dana Minies

    got in trouble in 1996 97 and it hard to back in the corporate world . They gave me a class D felony for theft can you help ? Is there forms that I can fill out or something ?

    • bdahl

      Dana,
      If you are interested in having your criminal record expunged, please give me a call so we can discuss your options 219-531-7787

  • Dana Minies

    my # is 214 606-8765 I live in Texas now

  • Jay

    I was convicted of a class D felony for possession in 1998. How do I request this be closed, what is the cost for this service?

    • cab

      Jay,

      Please give my office a call so that we can discuss this in greater detail. You will not be billed for the call. 219.531.7787.

  • William

    I have a battery misdemeanor charge in Indiana back in 2010. Can that get expunged?

    • akc

      Dear William,

      I would need to know more about your case to know if you are eligible for expungment. However, if you were convicted of the battery misdemeanor charge, you would not be eligible for criminal record sealing because it is a violent offense. Give our office a call at (219)531-7787.

      –Attorney Anna Christodoulakis

  • Donna Woods

    I have a Class A Misdemeanor theft on my record back in 2010, am I eligible for expungment? I did everything the court system ordered me to do, and havent been in trouble since. Just wondering what my chances are of having this removed. Thank you.

    • Donna Woods

      I wrote to your firm on October 31st, and still no response to my concern. Just wondering if your not interested in my case or my question was overlooked by mistake, if not interested thats fine I will find an attorney that will take my case. Thank You.

    • cab

      Donna,

      Unfortunately, there is not too much an attorney could do in your situation. The statute that was effective July 1, 2012 specifies that eight (8) years must have passed before an offense is eligible for sealing.

      On the other hand, you could file a petition to vacate your conviction, but this relies upon the particular judge’s discretion, and they are granted only in limited circumstances. I don’t have enough information to make a determination on the probability of success of such a petition. Please call for a free consultation to discuss it in greater detail. (219) 531-7787.

    • bdahl

      Donna,
      Its likely too early for an expungement unless the prosecutor was willing to consent to waive the time requirement. However, you may be eligible to have it reduced to a class A-Misdemeanor. Please call us so we can make a proper determination in private 219-531-7787

  • Jesse

    I have a 1988 Burglary class C and auto theft class D conviction. Also a Escape class C felony. I would like to have this expunged. Who much would your services be? I am in the process of doing a child support modification was found to be indegent and I don’t have alot of money and currently a full time student getting a career at the age of 47.

    • cab

      Unfortunately, Jesse, the law only provides for Class D Felonies and below at this time. Please watch future posts and we will update you if/when the law changes to accommodate your situation. Thanks so much for reading!

  • Brian

    I was charged in 2004 of a class D felony for posession. Can I get my records sealed. I’ve been trying to get a good job and this has really been an anchor!

    • cab

      I would need more information, but more than likely I could accomplish this based on the limited information you provided. Please give me a call at my office for a free consultation. (219) 531-7787.

    • peedoja’

      class d and down for now ,that may change.

  • David

    i have 3 c felonys that are over 20 years old is there a way to get them reduced i already have a state ploice block on my record but i would like to get them reduced so that i may get my gun rights restored any help i am trying to get a pardon right now but was told not to hold my breath please help………………………

  • Titus

    I did some research and found out about this new law in Indiana. I have a class d felony but it hasn’t been 8 years yet. I violated twice when I was on probation but they were minor violations. I completed probation successfully and wanted to know if I had a chance to get this sealed or expunged? I’m in school and would like to work for a good company due to this issue.

    • Chris Buckley

      Titus,

      There are actually two (2) parts to the new Indiana law. The first part is the criminal record sealing, which is not quite expungement as we commonly think of it, but it is the next best thing. The difference is that with criminal record sealing, criminal justice agencies can still see the criminal offenses on your criminal record.

      The second part of Indiana’s Second Chance Act is felony reduction, and the requirement is only that it has been at least three (3) years since the convicted person completed all court-ordered obligations, i.e. probation. If it has been three (3) years since you successfully completed probation, I think we would stand a reasonable likelihood of getting the felony reduced to a misdemeanor. Again, as I have mentioned previously, it will likely depend on the particular judge and prosecutor handling the case, and the outcome will be based on a variety of circumstances. In the end, the court has discretion in whether to grant or deny these petitions. I would definitely recommend hiring a licensed Indiana attorney to assist you, despite what may be out there on the blogosphere. This is NOT simply a static form that you can fill out yourself. It requires a great deal of professional expertise to navigate some fairly treacherous and complicated legal waters. I would be glad to give you a FREE CONSULTATION if you would like to call my law office, or feel free to use our Contact Us Page and a licensed Indiana attorney will give you a call, free of charge. (219) 531-7787.

      Hope that helps,

      -Christopher A. Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This site is not intended to provide legal advice or to establish an attorney-client relationship. Please seek professional legal assistance by contacting a licensed attorney. This site, its articles, and all comments are intended solely for entertainment and educational purposes only.***

    • bdahl

      Titus,
      There are many factors that must be met in order to qualify for an expungement or reduction to A-Misdemeanor. I’ll need you to call at (219) 531-7787 so we can discuss in private

  • Brittany

    Hello, I have looked into this law a little more than just your website. There are a few details under IC 35-38-5-5.5 that i was wondering about. First let me tell you about my charges. I have a class A misdemeanor for possession of marijuana and two class C misdemeanors for under age drinking and for possessing alcohol. I had one year of Conditional probation. Completed 4 months early. Everything was dismissed. Never been in trouble again. I want to know if there is anyway to get a seal or expungement. I really need one to continue my schooling, and my families future. I would be interested in explaining more if needed.

    • bdahl

      Brittany,
      Based on the details you’ve provided thus far, it sounds like you would qualify for an expungement; however, I’ll need additional details to determine with certainty if you do qualify, please give me a call at (219) 531-7787 so we can discuss in private

  • Tony

    I was charged in Fort Wayne ,Ind in Dec 1980 on a business burglary..This happened 2 weeks after my 18th birthday..I’m not sure what class felony that would be categorised as..It involved no physical harm,no weapons and its been so long ago. I would really like to get it expunged so I might be able to own a handgun..Your help is appreciated…Tony

    • bdahl

      Tony,
      Based on the details you’ve provided thus far, it sounds like you would qualify for an expungement; however, I’ll need additional details to determine with certainty if you do qualify, please give me a call at (219) 531-7787 so we can discuss in private.

  • Kim Zoll

    I live in Ft. Wayne i need a class d felony reduced to a class a misdeameanor under the new law how much would this cost??OH and i have no job
    because i can’t find one with this D felony on my record and most companies won’t even talk to you with a felony now isn’t that a form of discrimnation??

    • bdahl

      Kim
      Its very possible that you may qualify for a reduction to A-Misdemeanor or even a complete expungement; however, I’ll need additional details to determine with certainty if you do qualify, please give me a call at (219) 531-7787 so we can discuss in private.

  • Justin

    I have a class c felony that happened back in 2002 for burglary to a business. I was never in-trouble at all before this or after this. Is there anything I can do to get this off my record besides a governor pardon or some way to get this sealed?

    • bdahl

      Justin,
      If you completed your sentence and full terms to probation it sounds like you’re a good candidate for having the felony expunged from your record; however, I’ll need additional details to determine with certainty if you do qualify, please give me a call at (219) 531-7787 so we can discuss in private.

  • Tyhria Williams

    I dont have any felonies in Indiana…I use to live in Tx. and I was a bad actor…now I’ve gotten my life together….and my past in Texas…stops me from getting jobs in Indiana…What can I do? 219 299 1472

    • Chris Buckley

      Tyria,

      I am not familiar with, or have a license to practice law in Texas. You need to call a lawyer who is licensed to practice in Texas. I would be glad to make a referral. I have a few friends there.

      Thanks,

      Attorney Christopher A. Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This site is not intended to provide legal advice or to establish an attorney-client relationship. Please seek professional legal assistance by contacting a licensed attorney. This site, its articles, and all comments are intended solely for entertainment and educational purposes only.***

    • peedoja’

      see texas statutes on seal and expunge laws or pardon clemency rules.im with you,yet the lawmakers have pretextually carved the eligibility with prejudice,even on nonconviction misdemeanor s.

  • Dominique

    In 2008 I was high school. I got into a fight with another student and was charged with a battery charge. I said I was guilty on because I hit the student back. It’s 2013 and I’m a few months away from graduation from college, and its been hard for me to obtain a good job. Can I get my record seal/expunge? Oh I haven’t gotten into any trouble since that incident

    • Chris Buckley

      Dominique,

      You may be in luck. The Indiana General Assembly just passed a change to the Indiana Second Chance Act, changing the way in which they calculate the minimum time requirements prior to filing. Please give me a call for a free consultation and we can discuss this in more detail. (219) 531-7787.

      Thanks,

      Attorney Christopher Buckley, Partner
      GORDON ETZLER & ASSOCIATES, LLP

      ***This site is not intended to provide legal advice or to establish an attorney-client relationship. Please seek professional legal assistance by contacting a licensed attorney. This site, its articles, and all comments are intended solely for entertainment and educational purposes only.***

  • danim

    I have a theft felony that occurred in 2008. Its so hard to find a good paying job to support me and my children. Can I get it expunged from my record?

    • bdahl

      Danielle,
      Its possible that we may be able to reduce your felony to a misdemeanor and then petition to have it expunged; however, I’ll need additional details to determine with certainty if you do qualify, please give me a call at (219) 531-7787 so we can discuss in private.

  • kris

    I was arrest for taking family members vehicle six years ago. Was givin a misdemeaner. I havent been in trouble before or after this incedent. But now i still can not get a job what so ever because of this is there anything at all that i can do?

    • bdahl

      Kris,
      Its sounds like you meet the time requirements for a criminal record expungement; however, I’ll need additional details to determine with certainty if you do qualify, please give me a call at (219) 531-7787 so we can discuss in private.

  • cobra

    this so called second chance act is a joke. it doesnt remove the felony or restore your gun rights. speaking as which it’s gun rights not gun privileges. and employers can still find out all you have to do is go to indiana offender database in which like my employer does. plee agreements are evil , and should outlawed and prosecutors should never be allowed to judges whatsoever. when a prosecutor becomes a judge he/she is auotmatically partial to the cops. see i never intimidation was a serious violent crime even though that “victim” suffered no injuries.

    • bob

      Do your research and read the law HB 1482…then read this. The Fed generally refers back to State Law.

      “There are exceptions to this rule in some instances. Federal law
      contains an explicit statutory exclusion which provides that the federal
      criminal offense of firearms possession is inapplicable to persons who
      has had their civil rights restored on the predicate state felony
      conviction. 18 U.S.C. 921(a)(20) provides:

      “What constitutes a conviction of such a crime shall be determined in
      accordance with the law of the jurisdiction in which the proceedings
      were held. Any conviction which has been expunged, or set aside or for
      which a person has been pardoned or has had civil rights restored shall
      not be considered a conviction for purposes of this chapter, unless such
      pardon, expungement, or restoration of civil rights expressly [or
      implicitly as a matter of state law] provides that the person may not
      ship, transport, possess, or receive firearms.”

    • bdahl

      Cobra,
      Actually, a criminal record expungement (depending on the type of conviction) usually does restore your rights to own a firearm. I have multiple clients with Felony convictions that were able to restore their rights to vote and possess firearms. Most importantly it most definitely removes it from criminal background checks and public records, including the records contained on the Department of Corrections website.

  • Bryan

    I have a class D residential entry from 2006. I then caught a class D theft charge in 2008. Can either be dropped?

  • Cassandra

    I have a class a misdemeanor for theft from about last year this time. It was my first offense ever on my record. Does it qualify under this act?

    • bdahl

      Cassandra,
      Theft is covered under the new law but on misdemeanor convictions, you must 5 years from the date of your conviction to qualify, unless the prosecutor is will to consent to allow it earlier.

  • tabby

    I have four different felonies, all from different times. They are all fairly close together in terms of time. Three D felony possession charges, one D felony perjury charge. The perjury being the last of the charges on my record. I am wondering if there is any way to fix my record as I have had a few good job opportunities come my way, unfortunately I can not fill out an application due to the fact they do background checks and do not hire felons.

    • bdahl

      Tabby,
      Its possible we may be able to help in your situation but we will need several additional details to make the proper determination, please give me a call at my office so we can discuss your options (219) 531-7787

  • Justin Tyree

    I have 3 dui’s on my record and had some driving on a suspended license with a couple of them and I violated probation twice I believe. I ended up doing 16 months of house arrest in the end. I have a class d felony, 2 Dui’s within a 5 year period. This happened in Nov. 2006. I got caught driving after that but they had me plead quilty to probation violation and finish out my house arrest time. I downloaded and filed to have my felony dropped to a class A misdemeanor because it has been over 3 years and they turned me down because I had probation violation. Reading your sight on terms for this 3 year rule doesn’t say any thing about that. I think I got shot down because I did it on my own rather than hire an attorney. This is all in Vincennes Indiana. The DMV revoked my license for 10 years because they consider me a habitual traffic offender. I think if I hire a lawyer to do this, it may pass and I also need a to and from license because I am getting ready to graduate with a BA in IT and live in a small town. I need this off my record and I need to be able to drive. I got laid of from my job and all the jobs I see worth a dam require a license. My name is Justin Tyree and can be reached at 812-890-9702. I have money saved up, so I am able to pay attorney fees. I would appreciate it if someone could get ahold of me and possibly represent me in court.

    • peedoja’

      see the act,statutes banning or excluding certain charges,conviction s. I learned is good start.

  • elyssa

    My father in law has a felony for neglect dependent back in 98. Can he get this removed. We trying to get a house and this is holding us back

    • bdahl

      Elyssa,
      Please call our office at (219) 531-7787 so we can discuss the details of your fathers case in a confidential setting.

  • Eri

    I’m petitioning the Marion County Superior court, right now, for an expungement of a class A misdemeanor from 18.1 years ago, based on the revised expungement law I.C. 35-38-9 adopted July 1, 2013. The Deputy Prosecutor objected to the petition based on a violation of probation for non-payment of assessed court fees and costs and the fact the original petition was not written correctly. A review of the court’s case history shows the fees where taken from a cash bond that posted on my behalf at the probation violation hearing. I have since made a first amended petition and filed it. However, I am concerned the probation violation will be a significant factor whether the judge will grant the petition. I feel since the conviction was 18 years ago and I have not been convicted of another crime this would be a slam-dunk order to expungement. But based on “internet-research” the VoP has been an issue for expungements in other states.

    • bdahl

      Eri,
      This is precisely why we never recommend representing yourself, especially with a new law in-place that some lawyers aren’t familiar with and that some prosecutors do not like. Our firm would have first contacted the prosecutor assigned to the court you petitioned and reviewed the case file for any possible hang-ups to be resolved prior to filing the petition. If you are pro-se and you are still having problems, please feel free to call our office (219) 531-7787

  • guest

    I have a misdemeanor voyeurism conviction from 12 Years ago. Does that qualify for expungement? I have nothing else on my record.

  • CJ

    I have a Class D Felony Theft. I received the charge on October 1, 2002. I was finished in the system in 2005. I have had to tell employers about the charge and it hinders me from getting employment. I want to be able to get a job but I am unable to do to my background. I have never been in trouble and have nothing on my record anywhere else either. I want to finish school to be a clinical psychiatrist and open a self-help center but that is not possible with this in my past. How can I go about fixing this problem from a mistake I made taking accountability for something I didn’t actually do.

  • Sam

    I plead guilty to a class D felony, sexual battery, in 1992. I was given a sentence of 2 years probation, and counseling, and was told my civil rights would be restored. I have always wondered after all these years of nothing on my record, not even a speeding ticket, if there was anything that could be done for me?

  • Bob

    I agree. For me the Second Chance Act is a damn joke. I was convicted and sentenced of a felony conviction of Child Molest, Class C 10 years ago in 2004. I received a 4 year sentence and finally ending my sentence in 2008.

    Since then, I moved to another state in 2009 and have not been able to find employment of any kind whatsoever. This state that I am in is not very felony friendly at all. 5 years later still the same damn thing.

    I do admit, what I was convicted of was beyond not good, however, there should be some time lapsed enough for me to be able to have my record sealed, expunged, pardoned, etc. and have my gun right not priviledge restored so I can go on but I am living with a life-time sentence except no longer in prison.

    So for me, the Second Chance Act is a damn joke.

    • Callofbooty

      OK dude your a fucking child molester, an unforgivable crime, how the fuck do you even think you deserve a second chance your fn nuts! Your victim is living the lifetime sentence you dumb ass, I hope you suffer every moment of your life

      • Billy Baxter

        Bitch please go fuck yourself. Who the hell do you think you are to judge me prick. You think you are better than me? FUCK NO you’re not. ANY and ALL crimes are forgivable. Do you think you deserve a second chance you wannabe holier than thou hypocrite piece of shit. I hope you suffer the most miserable time ever and die of loneliness and agony everyday of your pathetic low-life you bitch.

        • Callofbooty

          Took you a longtime to reply you must of been busy preying on little kids or doing ” volunteer ” work at a daycare

          • tmp1356

            I am a survivor of child molestation. Callofbooty is right. It happened to me 38 years ago and there are still things that trigger the memory to where it is unbearable. I almost committed sucicide over it. It is a life sentence for the victim.

  • bill hutson

    What about a class “C” Felony conspiracy conviction in 1990. No arrests, not even a traffic ticket since, matter of fact. I started a non-profit and have put a half a million of my own money into the community over the past 12 years. I would want the record gone with full restoration of rights. Is that possible?

    • Joshua Walters

      Yes I just had a C felony expunged to a misdemeanor in Sept 2015

  • austin

    I was convicted of a possession charge class d felony in 2002 broke probation in 2003 and served the rest of time in jail and work release and house arrest is been over ten years ago. Am I eligible in Indiana for expungement and do I stand a good chance? Never been in trouble since and I was 19 at the time.

    • sftlawyers

      You certainly would be eligible, assuming this information is complete and accurate. Please give us a call for a free consultation. (219) 841-5683.

  • Steven Q

    I have a theft misdemeanor amended from a felony in 2011. The charge was in Boone county. Does the 2nd chance program work for that county?

    • sftlawyers

      It definitely does. We would have to discuss this in more detail privately to determine if you would be eligible and would be happy to do so, free of charge. Please give us a call. (219) 841-5683.

  • shawn

    I got a Class D Felony here Indiana for operating while intoxicated causing serious body injury in 1998. I was convicted in December of 1998, served 9 months in prison 9 months on house arrest. I have no other charges or crimes or convictions since. I would like to know if I can qualify to get a gun permit and possess a hand gun.

    • sftlawyers

      It is very possible that you may be eligible for the restoration of your firearm privileges. Please give us a call for a free consultation. (219) 841-5683.

  • Callofbooty

    Well if its a misdemeanor the judge must expunge even if you have a probation violation and it sticks, just pay your payments and it should go through because probation violation isn’t ” another” crime its a violation so under law once it’s satisfied you should get it

  • Dennis Rainey

    I have 2 Habitual traffic violations that are under the same Indiana Code. One from 1996 and the other from 1999. Is there anything that can be done to get my license back? I don’t drink anymore and have been in no trouble since the last HTV in 1999.

    • sftlawyers

      Dennis, we can certainly help you with that. There are a few options under Indiana law that would possibly allow full driving privileges, and/or in the alternative, limited driving privileges that would allow you to drive to/from work, school, church, parenting time, etc. Please give us a call for a free consultation. (219) 841-5683.

  • Monica

    Mine is a c felony but I have not been introuble since I was released four years ago. I have great references but this felony hangs over my head. What can I do

    • sftlawyers

      Monica, your C Felony may now be expungable under the new law that went into effect 7/1/2015. Please give us a call to discuss your options. You will not be charged for the call. (219) 841-5683.

      • dustin

        I also have a class c felony for a 3rd dui I have not been in any kind of trouble since my conviction. Which was in 2012 not sure exact date will have to find the paper work. My license is suspended but have been sober and clean for a good long while.

  • Joy Lawlor

    I have a question regarding possession/right to bear arms. I’m located right here in Indiana and am looking to seek counsel. My question is this:

    I was convicted of (3) Felony D’s for possession of a controlled
    substance in October of 2008. I was sentenced to 8 years on probation
    and once completed, I could petition to have my charges dismissed with
    prejudice. As of 3/8/16, the Monroe County Circuit Court Judge, Teresa
    Harper, agreed to my petition with the sign-off by my probation officer
    to grant the dismissal of ALL three Felony D charges.

    In October
    of 2014, I plead guilty to a Felony D, driving under the influence,
    (prior conviction) in Brown County, Indiana. With the support of the
    current Prosecutor in Brown County, I have a court date set up on March
    29, 2016 to reduce the charge from Felony D to Misdemeanor A.

    In
    regards to both of these charges, although the felony convictions will
    either be dismissed and reduced, should I be able to obtain a gun
    permit?

  • Ashley Slavens Wright

    I have a class b battery misdemeanor. Can I get this charge expunged?

    • Michael Campbell

      Ashley,

      Thanks for inquiring about an expungement. Assuming five years has passed from the date you were convicted and you have no new convictions then you would likely qualify for expungement. Give our office a call on Monday and I can go over everything with you in more detail.
      Please ask for me directly.

      – Michael A. Campbell, Esq.
      (219) 841-5683

  • anonymous

    I have a battery with SBI that is suppose to be dropped to D felony from C after probation. Probation is completed and It will be 7 yrs old in Dec. My first question is do I have to wait one more year so I can get it sealed for employment? Is the magic number 8? My other question is do I have to go back to court to get it dropped from C to a D felony since I did complete probation? Does it automatically change or do I have to pursue it myself? I’m wanting to do it all at once so I can find a good job like I use to have that pays well. I have stayed out of trouble and moved on from the situation I use to be in. Thanks for any information.

  • Danny Delk

    Hi I have dwi from years ago the last was a d felony causing bodily injury in 1993, my record is clean since then don’t drink am on disability. Would like my right to bear arms back if possible.

    • Michael Campbell

      Danny,

      Based on the preliminary information you provided to me it appears as thought you qualify to have your right to purchase and possess firearms restored.

      Please contact me to discuss this matter in more detail.

      Best regards,

      Michael A. Campbell, Esq.

      • Dmo Dollaz

        So I have 2 class d felonys bolth dui the latest one 2011 do u think I could get my rights to bare arms back I live in Indiana

        • Michael Campbell

          Depending on the date of your convictions you may be eligible to have the Class D Felonies reduced to a Class A Misdemeanor and then expunged from your criminal record. This process will restore your right to purchase a firearm under federal law and your right to possess a firearm under Indiana state law.

          Please feel free to contact my office (219-841-5683) to discuss your situation in more detail.

          Best regards,

          Michael A. Campbell, Esq.

  • DinoChambers0642

    my husband required ID RE-21 last year and discovered an online platform with 6,000,000 forms . If you need ID RE-21 too , here’s a http://goo.gl/qtNlMn

  • Joshua Voris

    What about class C misconduct with minor and class D failure to register? Pled guilty to both in 2006. I couldn’t find a place that met requirements which led to second charge. I graduated college in 2013 and have committed no new felonys but can’t find job.

  • karen

    My daughter has a question for me to ask. When reporting in a felony on an application does the 7 yr question start from date of arrest, date of conviction or date off probation

    • Michael Campbell

      Karen,

      It starts from the date of conviction.

      Best regards,

      Michael A. Campbell, Esq.

  • George

    I was convicted of possession of controlled substance in 2002 class d felony but never was sent to get my doc number and served 4 1/2 months in county jail. One misdemeanor dui since them but no felony. I’ve never had my “felony” show up on a background check. Is it possible I’m not on file add a felon and should I try for my rights back?

    • Michael Campbell

      George,

      Odds are your felony convictions didn’t “fall through the cracks”. Police and Law Enforcement use multiple databases and what likely happened is that it has not been integrated or updated into all of the databases that are currently used.

      The best way to proceed is to have the Class D Felony reduced to a Class A Misdemeanor and then expunge both of your Misdemeanor offenses.

      Please feel free to contact me to discuss this procedure in more detail and to determine your eligibility.

      Best regards,

      Michael A. Campbell, Esq.

  • Eric

    I got my record expunged in 2014. I had a D felony theft on my record. I filed for gun permit after the expungement and was denied my permit. How can I get my firearm rights??

    • Michael Campbell

      Eric,

      It depends on what the D Felony was for. If it was for Domestic Violence then you will need to file an additional petition with the Court to restore your right to possess a firearm.

      Alternatively, if the Class D Felony conviction was not for Domestic Violence, then the attorney who originally drafted and filed the expungement mishandled it. He should to reduce the D Felony to a Class A Misdemeanor first, then filed for the expungement. The reason for this additional step is because unless the felony is reduced to a misdemeanor first, in the eyes of the Federal Government you are still considered a convicted felon.

      Despite the foregoing, I have had success undoing “botched” expungements and refiling the Petition properly. Please feel free to contact me to discuss your options further.

      Best regards,

      Michael A. Campbell, Esq.

  • Janelle

    What are the special circumstances that a prosecutor may allow for an earlier expungment? Where can I find the Indiana Code regarding this?

    • Michael Campbell

      Janelle,

      There is no list of “special circumstances”; the law simply states “unless the prosecutor agrees to less time in writing”. Whether a Prosecutor is willing to agree to an early expungement is entirely discretionary and varies from county to county. The relevant portions of the Indiana Code can be found at Indiana Code 35-38-9-2 through Indiana Code 35-38-9-5.

      Please feel free to contact my office so that we can discuss your specific situation.

      Best regards,

      Michael A. Campbell, Esq.

  • Bradley Keefe

    I have a question. I was convicted of theft/receiving stolen property. back in 1989 I believe then I plead to a domestic battery misdemeanor around 06 and a b misdemeanor around 2010. I was able to get a sentence modification on the d felony after serving 4.5 months ( I was sentenced 3 years) the modification was reduced to 5.5 months with 5.5 months of parole. The domestic I pleaded to was sentenced to 1 year probation w 26 weeks anger control man. and probation to be terminated after completion of all orders. I was able to have the probation terminated. the B misdemeanor I was sentenced to 180 days with 30 or 60 suspended and 6 months probation. I did not complete the probation due to I had to leave state to terminate my father in Florida and I remained in Florida to assist my mother. I believe that the B Misdemeanor is unconstitutional due to the sentence surpasses the 180 days that is max sentence for the crime of battery with out bodily harm. I am wanting to regain my life and my rights as a citizen of the united states, I would like to vote, do my duty as a citizen and sit jury duty, I would like to exercise my 2nd amendment and carry a firearm and join my states militia. what do I need to do and could I perform this with an attorney from Florida?

    • Bradley Keefe

      I would like to add I should not have to ask, beg, and plea to have my rights restored after my felony, I paid my debit to society and at the moment my debit was paid my rights should have been resorted.

      I feel I have been robed of my God given right to life in the pursuit of happiness, by having my rights disabled for this length of time specially since I did not commit an infamous crime.

    • Michael Campbell

      Bradley,

      Thank you for taking the time to inquire about the expungement process. Based upon the information you provided to me I am unable to definitively say whether you qualify to have your criminal record expunged. Assuming you do qualify, an expungement alone will not be sufficient to restore your right to carry/possess a firearm under state law. That right is taken away by the state when you have a felony conviction as well as when you have been convicted of domestic battery; regardless of whether it was a felony or misdemeanor conviction.

      For someone like yourself who has been convicted of domestic battery there is a separate petition that needs to be granted that will restore your right to carry/possess a firearm. Additionally, If the convictions occurred in Indiana you will need an attorney licensed in the state of Indiana to represent you.

      I would really like to talk to you in more detail about the options that are available to you. Please contact my office (219-841-5683) at your earliest convenience to discuss your situation further.

      Best regards,

      Michael A. Campbell, Esq.

  • Anthony

    Hi, several years ago , over 10 years ago. I was convicted of driving wile suspended as a htv. It was a d felony. It was wrote up though that after I completed my probation it would be reduced to a misdemeanor . I have no other criminal cases other than this one mistake I made several years ago because I had no choice but to drive to work to support my family . I recently a few years ago almost got in more trouble because I had a firearm and got pulled over and was told I was still a convicted felon and I could not possess the gun. I was in shock because I was told after I completed my probation it was going to be reduced to a misdemeanor and apparently it was not done! After a day in jail and a few thousand dollars for a attorney, the judge dismissed my charge because my attorney had a criminal history report on me showing no felonies on it! But according to a nics background check the arresting officer pulled on me it still shows a felony conviction??? I would like to get this fixed as I can still not buy a gun because nics is who gun stores use for background checks!! The judge ordered my firearm returned to me after he dismissed the charge and the arresting officer brought my handgun to me at my house and apologized to me. But he said I needed to take care of the issue because it could happen agin if a police officer runs a nics check on me. I’m a very responsible person who made a dumb mistake many years ago by driving wile I was suspended. Probly the least violent crime anyone could commit! I should not have to keep paying for this the rest of my life! I want to be able to protect my family by keeping a firearm in my house/car. Can you help me with this issue? I

    • Michael Campbell

      Anthony,

      This is certainly something that I can assist you with. Please contact my office (219-841-5683) at your earliest convenience to discuss this matter in more detail.

      Best regards,

      Michael A. Campbell, Esq.

  • P.Turner

    I have a conviction in Tippecanoe County I pled guilty to in 2006 that just caused me to not get hired for a job. I haven’t lived in Indiana for 11 years and I am wondering how I can go about getting this removed. I have a copy of my background from the company the employer used and this was the only thing that appeared on it, however it is several counts all with the same cause number, does that mean I have to file 5 different things to get it removed or does it just go by the cause number? It was nothing violent or serious, just fraud/theft, I honestly can’t remember what I pled guilty to, I do know some of them were dismissed with the plea. I believe it was the 3 counts of fraud that I pled guilty to with all the theft dropped. I had 2 years probation and 6 months house arrest, all fines and restitution was paid the day of sentencing. Is there any way I can get this sealed or removed? I haven’t had any trouble since this issue. Thanks!

    • Michael Campbell

      Mr. Turner:

      My name is Mike Campbell and I handle all of the Criminal Defense/ Expungements for Schwerd, Fryman & Torrenga, LLP. Based on what you are telling me it does seem that you would qualify to have these charges and convictions expunged off of your record. Please contact me at my office (219-841-5683) at your earliest convenience to discuss this matter in more detail.

      Thanks and I look forward to speaking with you.

      Michael A. Campbell, Esq.

  • Carl Gillespie

    I have 3 dui convictions, all over 8 years old. I am in the process of getting them expunged from my criminal record, but the attorney I am using is uncertain about getting them off my bmv record. Every time I check up with him about it, he gives me the run around. I am beginning to lose paitience with him. Do you know what the deal is with dui expungement in reference to the motor vehicle record.

    • Michael Campbell

      Carl,

      Thank you for your inquiry. If done properly, the expungement will remove the convictions from your Indiana Driving Record. Please feel free to contact me at the office (219-841-5683) or via email (mac@sftlawyers:disqus .com) to discuss your situation in more detail.

      Best regards,

      Michael A. Campbell, Esq.

  • Greg

    I have a Domestic Battery, class A misdemeanor on my record conviction date was 12/11/2014 can anything be done to lesson the impact since I’m currently seeking new employment?

    • Michael Campbell

      Greg,

      My name is Attorney Michael A. Campbell and I handle all of the Expungements in our office. Unfortunately, for your type of conviction, Indiana law requires that you must wait five (5) years from the date of conviction, unless the Prosecutor agrees to less time in writing. (See Ind. Code 35-38-9-2). Unfortunately, you do not meet that time requirement. As for the provision of “unless the Prosecutor agrees to less time in writing”, I have had some success obtaining early expungements for clients, however only after more than half of the five (5) year time frame has passed and on a case-by-case basis.

      Given the foregoing, It is my professional opinion that attempting an early expungement of your offense at this time will be unsuccessful and, quite frankly, a waste of your financial resources. I do wish you the best of luck going forward and on your job search. Please feel free to contact me if you wish to discuss this matter further.

      Best regards,

      Michael A. Campbell, Esq.

  • Tom

    I just received paperwork stating the court granted my expungement and it’s all over with, finally. My question is, how long does it take for the records to reflect this? If an employer runs a background check next week, will anything show up or am I good to go?

    • Michael Campbell

      Tom,

      I’m Attorney Michael A. Campbell and I handle of the expugements in our office. Thank you for visiting our site and taking the time to ask a question concerning the finalization of your expungement. To answer your question, I advise my clients to allow thirty (30) to sixty (60) days from the date the Expungement Order is signed for your records to be properly updated by the various administrative agencies (i.e. Indiana State Police and other record keeping agencies provided with a copy of the Order). Some of the administrative agencies will process the Order faster than others, so you do have to be patient; despite how frustrating it may be.

      Best regards,

      Michael A. Campbell, Esq.

  • Charles

    I have a 1994 public indecency and a more serious charge in 2000 class d felony theft reduced to class A misdemeanor conversion. Can I have both charges expunged. Some now I have been able to work in health care for the past 14 years with these convictions I am not sure how. After felony arrest I went back to school earn bachelors degree and last year completed my Masters degree. I would like to get these expunged in order to seek employment elsewhere. I am afraid to apply for a new job with these convictions.

    • Michael Campbell

      Hi Charles,

      I’m Attorney Mike Campbell and I handle all of the expungements for Schwerd, Fryman & Torrenga, LLP. Based on the information you provided it does appear that you qualify to have your criminal convictions expunged. Please contact me via phone (219-765-9937) or email (mac@sftlawyers.com) to discuss your expungement further.

      Best regards,

      Michael A. Campbell, Esq.

  • Manny Rangel

    I have a class D felony from 2004. I did not disclose this information on my application and was denied employment a high level job. EEOC bill 1033 [Indiana] states that i do not have to disclose this information. Am I misinterpreting this bill?

  • Jesse Harter

    I have 2 class a misdemeanor battery convictions both with bodily injury. one was 1999 and one was just over 10 years ago. I also had a probation violation while on probation for one of those offences. Does the fact that the crimes were violent, prevent me from ever expunging them?

    • Michael Campbell

      Hi Jesse,

      I’m Attorney Michael A. Campbell and I handle all of the expungements at Schwerd, Fryman & Torrenga, LLP. Based on the information that you provided in your post you do qualify to have the two misdemeanor battery offenses expunged off your record. You are correct that certain convictions for violent crimes cannot be expunged (i.e. Murder), however that restriction does not apply to misdemeanor battery convictions as in your case.

      Please feel free to contact me (219-841-5683) to discuss your expungement in more detail.

      Best regards,

      Michael A. Campbell, Esq.

  • Robert Dodson

    I’m a non violent felon only felonies I have are HTV traffic violations can I own and buy a firearm I had a possession misdemeanor over 8 years ago and Xscape from work release that’s as far as my conviction goes and a controlled substance which is 8 years old I would like to own a firearm for personal protection can I

    • Michael Campbell

      Robert,

      Because you have a felony conviction on your record you will not be able to purchase/own a firearm without first getting your felonies expunged or reduced to a Class A Misdemeanor.

      Contact my office (219-841-5683) and I can provide you with a more in depth explanation of what will need to be done.

      Thanks and I look forward to hearing from you.

      Michael A. Campbell, Esq.

  • Nathan

    I was recently arrested for L6 felony obstruction of justice, class b misdemeanor possession marijauna, and two traffic citations. I have past record which includes a possession marijuana( d felony) , and two theft felonies. These are all from 12+ years ago. I will be hiring an attorney…but out of curiosity, in your or your firms past experiences do you see a high probability that i receive any jail time? Father of one year old and baby on the way. I just would like early preparation if that is the chance. Pretrial one and a half months away on July 11th. Also, if the current L6 felony drops to misdemeanor would I qualify for expungment?

    • Michael Campbell

      Nathan:

      Any new conviction will reset the time that you have to wait to get your record expunged (8 years to expunge a Class D/Level 6 Felony and 5 years to expunge a Class A Misdemeanor). If at all possible, the best result on your current case would be either a dismissal or a Pre-Trial Diversion which will result in a dismissal provided you comply with the terms and conditions of the Diversion Program.

      In what county are your new charges? In addition to expungements I also handle criminal defense cases in Northwest Indiana.

      Feel free to contact me to discuss your matters in more detail.

      Best regards,

      Michael A. Campbell, Esq.

      • Kristy Nelson

        My friend is done with everything and her charge is still in the court records that needs removed.

  • Jacob Bachman

    I have a back child support D felony from 2006 it makes it hard to get a apartment or work with that. My only arrest since this was driving with out a license a misdemeanor last year am I able to get child support felony lowered or dropped I’ve not had to worry bout child support since 2010 and its completely paid off and done with

  • Annette Bollen Pokorny

    ?? ?

  • Thomas Blair

    Of the conditions that have to be met; is it eight years after completion of sentence and probation or would the time start after I’m off the registry. It is a misconduct charge.

  • Adam Davis

    I really need help just got denied for a job that was career changing this is becoming stressful looking for employment i had a dealing marijuana felony and got out dropped to a class a misdemeanor now do i have to still wait 8years off five from the date out was lowered i need help email me dvii24.dd@gmail.com

  • Kristy Nelson

    Yes my friend she has that on her record and it has never been a lifetime on a person’s record for a neglect of a dependent her case is almost 12 years old plus the police detective went everyday too the prosecutor’s office too get charges filed and come to find out they only got her for not getting the baby medical attention in time he fell off the couch learning too walk she went threw hell over that. He is 13 now the child is she got him back did everything the courts told her to do and it’s still on her record they should have done been off of here record 4 years ago. Someone needs too be reported for legal negligence for not doing there job right on this. She wants it took off it’s not that hard too get it off being an almost 12 year old case.

    • Kristy Nelson

      The court went from Circuit Court Hendricks County and Hendricks Superior Court 3 Judge Love’s court tooe my friend paid that lawyer and they did not get that felony switched too a misdemenaor why lie too your client.

    • Michael Campbell

      Ms. Nelson:

      I’m Attorney Mike Campbell and I handle all of the expungements for Schwerd, Fryman & Torrenga, LLP. Please have your friend call me so we can get to the bottom of this. It sounds to me like whoever represented your friend on the felony reduction to misdemeanor never sent a copy of the Order to the Indiana State Police and so they never updated their database.

      Best regards,

      Michael A. Campbell, Esq.

  • Amanda Anderson

    I have 2 Class D Felonies of theft. They are over 10 years old. Everything is completed except restitution on one of the felonies. I have not been in trouble since. Would I qualify for the Second Chance Act even though I still have unpaid restitution?

    • Michael Campbell

      Hi Amanda,

      My name is Mike Campbell and I handle all expungements with Schwerd, Fryman & Torrenga, LLP. Based on the foregoing information you provided, you will qualify for expungement of your two felony convictions but payment of restitution is required before the one can be expunged. That being said, you do have a few options that I can discuss with you in more detail. If you’re interested, please give me a call (219-841-5683) to discuss your situation in more detail.

      Best regards,

      Michael A. Campbell, Esq.