Breaking barriers: Inside the Second Chance Initiative’s expungement program

A criminal record can be one of the biggest obstacles to obtaining housing, education and employment. Removing that barrier, when possible, creates more opportunities and a better chance at economic mobility. Indiana law allows some low-level convictions, misdemeanors, and arrest records to be expunged or sealed. 

For some, expungement can eliminate that barrier, but for low- to moderate-income individuals, the cost is out of reach. Ani Etter, executive director of Volunteer Center, estimates that hiring an attorney to handle expungement could easily cost over a thousand dollars. 

“The expungement law for Indiana, it’s very complex, and there’s many layers to it. It’s very effective if you fall in the right category, but it is complex, and any attorney will charge an individual a lot of money just to sit down and talk with them about it,” she says. 

This is a roadblock The Second Chance Initiative is actively working to eliminate with its Expungement Education Event. A partnership of the Volunteer Center, the Volunteer Lawyer Program, Indiana Legal Services, and Ivy Tech Community College, The Second Chance Initiative offers eligible individuals the opportunity to have their Indiana conviction records expunged.

The free education event is the first step in the process. A local attorney explains Indiana’s expungement law, and attendees are connected to legal assistance resources. The next one takes place Nov. 10 at 6 p.m. at the Auditorium at Ivy Tech Community College – Coliseum Campus, but they host five to six every year.

“What we try to do with the education event is to basically pare down the information on what the expungement law is into a half-hour presentation, that is as easy as we can make it for people to understand what crimes can be expunged, why they can be expunged, what are the waiting periods for the different categories, and then beyond that, what areas our program specifically can help them with.”

The Second Chance Initiative primarily focuses on the areas of the law where the where the district attorney and the court has to grant the expungement, which typically means they’re helping people with smaller crimes. Etter says drug possession and small theft are common charges they see.

After the attorney finishes the presentation, attendees are given a questionnaire. Etter says the four-page document “sounds more daunting than it is.” The biggest drop-off in participation happens between the presentation and the questionnaire, despite extra effort on their part to make it easy, she adds. Attendees can stay and fill out the form before leaving, or can take it home and mail it back or drop it at the Volunteer Center’s office.

The document gives them an idea of what the client’s record is, allows them to further review the situation, and helps send clients in the right direction. Not everyone is eligible to have their record expunged, and the Second Chance Initiative can only help those with Indiana records. Individuals who qualify are connected to a volunteer lawyer from Indiana Legal Services and the Volunteer Lawyer Program. 

The assistance provided by the initiative is free, but there is one non-waivable fee of $157 once individuals bring their case to court.

Etter says on average 40-50 people attend the event, and of those, around 15 follow through and turn in the questionnaire. From that smaller pool, around half usually qualify for the expungement. 

“Last year we had 90-some people that actually qualified, which doesn’t sound like a huge number, but that’s 90-some people that will actually change their lives because they’ll be able to get into better situations,” Etter says. 

Because of the confidential nature of the work, tracking exactly how many individuals successfully get their records expunged is tricky, but in Etter’s eyes, the attendance numbers tell her the program is effective and needed. 

She adds that the fear of judgment or the assumption that they don’t qualify often holds people back.

“Don’t be embarrassed,” Etter says. “No one’s here to judge you, you know. People are here to try to help you. To me, that’s the biggest message: It’s a little investment of time, but it can have a big reward on their lives in the end.”

While the initiative often cites the larger picture – finding better housing, employment, and educational opportunities – Etter says the program brings about some smaller wins that are also life-changing, like attending their children’s field trip.

“People just cannot believe it. The ones that get helped are like, ‘Oh my god, I have been with this for 25 years, and I’m here. I have had this opportunity now where I have gotten out of this situation,’” she says. 

The next free expungement event is  Tuesday, November 10 at 6 p.m. The event will be held at the Auditorium at Ivy Tech Community College – Coliseum Campus, 3800 N. Anthony Blvd. Use door #6 facing Crescent Avenue. Events are hosted multiple times throughout the year. Visit www.volunteerfortwayne.org for more information or for updates on future events.