What to Ask During a Consultation Before Hiring a Criminal Defense Attorney

Whether it happened in Columbia City, South Whitley, or another part of Whitley County, Indiana, you may feel embarrassed, scared, and unsure about what comes next. At Baber & Baber, we’ve worked with thousands of clients who weren’t bad people, they just made a mistake. And many of them share one goal: “I never want to go through this again.” If that’s where your head and heart are right now, this guide is for you. So, after being arrested, take these steps: Step 1: Stay Calm and Say Very Little Whether you're being pulled over, questioned, or taken into custody, the best thing you can do is stay calm and polite. Do not argue, explain, or try to talk your way out of it. Instead: Provide your name and ID Politely decline to answer questions without a lawyer present Don’t resist arrest or escalate the situation What you say can and will be used against you. Step 2: Know What to Expect in Whitley County After an arrest, you may be: Booked into the Whitley County Jail Given a court date Asked to post bond Assigned a public defender or advised to hire an attorney Local courts (including the Whitley Superior and Circuit Courts) move quickly. Don’t delay in getting legal representation or preparing for your hearing. Step 3: Reflect on What Led to This Moment This part doesn’t show up on court documents, but it’s crucial if you want to make sure it never happens again. Ask yourself: Was this a one-time mistake or part of a pattern? Who or what influences your decisions in stressful moments? What needs to change in your environment, habits, or thinking? Taking time to reflect and possibly seek help is one of the most powerful things you can do. Step 4: Start Making Proactive Changes Now Even before your court date, there are things you can do that show you’re serious about turning things around: Enroll in counseling or anger management Get a job or start applying Reconnect with a trusted support system Volunteer in the community Avoid further police contact and stay away from risky environments Judges do notice when someone is doing the work early. Step 5: Work With a Criminal Defense Attorney Who Understands Whitley County Every county handles cases a little differently. You’ll want someone who knows: The Whitley County court process The judges and prosecutors What options (like deferral or probation) may be available How to guide you legally and help you stay out of the system for good Final Thought: This Doesn’t Have to Define You An arrest is serious. But it doesn’t have to define the rest of your life. The best next step? Own the mistake. Learn from it. And take action to make sure it doesn’t happen again. If you do that, this can become a turning point, not a life sentence. 📍 Based in Columbia City | Also Serving Warsaw, Albion, and Huntington 📞 260.244.4422 🌐 https://www.bradbaberatty.com/ This post is for informational purposes only and not legal advice.

Being charged with a crime can feel like your entire world has been turned upside down. The fear, the uncertainty, and the weight of judgment (especially from yourself) can be overwhelming. But here’s what we want every client to hear from day one: You are not a “criminal.” You are a person who made a mistake, or is being accused of one. And at Baber & Baber, P.C., our number one goal is simple: That you never need us again. If we do our job right, we help you not only navigate the criminal justice system but also provide you with the clarity, confidence, and support to avoid this situation in the future. You Are Not Alone — And You Are Not a Label When you're facing criminal charges, it's easy to spiral into shame, guilt, or anxiety. These feelings are normal, but they don't have to define you. Here are some real, actionable steps you can take to manage the emotional toll and start building your comeback: ✅ 1. Talk to Someone You Trust It could be a close friend, family member, pastor, or counselor. You don’t have to go through this alone. Bottling it up makes the mental load heavier. Shame thrives in silence. You shouldn't talk about the facts of the case with anyone besides your attorney, but speaking about what you're going through otherwise helps take its power away. ✅ 2. Get Organized Bring all of your paperwork, court dates, and any communication into one place. The more control you feel over the details, the less chaotic everything seems. Use a simple folder or a digital app, but take ownership of your case. ✅ 3. Avoid the Worst Voices That might mean certain people on social media… or even that voice in your own head. You are not your worst moment. Surround yourself with people and thoughts that speak to your future, not your failure. ✅ 4. Focus on the Fundamentals Get good sleep Eat actual meals (not just fast food or nothing at all) Stay off substances that will only cloud your thinking Show up early for court or meetings These things seem small, but they add up fast in building the version of you that never ends up back here. ✅ 5. Let Us Be the Calm in the Chaos At Baber & Baber, we’ve walked this road with thousands of clients across Whitley, Kosciusko, Noble, and Huntington Counties. We handle the legal complexities. You focus on getting better, not just beating the charge, but beating the cycle. Our Goal Is That You’ll Never Need Us Again Yes, we want to win your case. Yes, we’ll fight for you in the courtroom. But ultimately, our goal is bigger: We want you to look back one day and say, “That was the moment everything changed for me.” We want to be the last defense attorney you ever need. Because from here on out, you’re building a different story. Serving Our Community — One Client at a Time Baber & Baber, P.C. proudly provides criminal defense representation in: Columbia City (Whitley County) Warsaw (Kosciusko County) Huntington (Huntington County) Albion (Noble County) We represent people facing charges ranging from OWI and drug possession to theft, battery, and probation violations. But what sets us apart is what we focus on after the charges. If You’re Facing Charges in Whitley, Kosciusko, Noble, or Huntington County—Call Us You’re not alone. And you don’t have to carry this label for life. Let’s talk. 📍 Based in Columbia City | Also Serving Warsaw, Albion, and Huntington 📞 260.244.4422 🌐 https://www.bradbaberatty.com/

If you’re ready to move on from your past but haven’t reached the required waiting period, you might be wondering: “Can I file for early expungement in Indiana?” The short answer? Yes, but it’s not easy. Indiana law allows for early expungement under specific circumstances, but only with the prosecutor’s consent, and that can be difficult to obtain. Here’s what you need to know about early expungement and how to improve your chances of success. The General Rule: You Must Wait Indiana expungement law sets strict waiting periods based on the type of offense: Arrests or dismissed charges: 1 year Misdemeanors: 5 years Most level 6 felonies: 8 years More serious felonies: 8+ years In general, you cannot file early unless the county prosecutor agrees in writing to waive the waiting period. Early Expungement Is Possible With Prosecutor's Consent Under Indiana Code § 35-38-9, you may be able to file before the waiting period ends if the prosecutor consents. However, many prosecutors are reluctant to agree unless you’ve clearly demonstrated: Rehabilitation Community involvement Stability A compelling reason for early relief This means it’s crucial to show that you’ve turned your life around and that expungement is a key step in continuing that progress. How to Prepare for Early Expungement Even if you’re not eligible today, the actions you take now can increase your chances later - especially if you plan to ask for early consideration. Here’s what you can st art doing today: 1. Get Your Finances in Order Pay off any outstanding: Fines Court fees Restitution 2. Stay Employed or Find Steady Work Employment shows stability and responsibility. Even part-time or entry-level jobs can support your petition and demonstrate commitment to turning your life around. 3. Update Your Resume You may be asked to provide it or include it as part of your petition. A strong resume reflects: Growth Responsibility A desire to contribute to society 4. Start Thinking About Character Letters Ask people who have known you since your conviction to write letters supporting your expungement. Ideal references include: Employers Mentors Pastors Community leaders Friends who can speak to your change Tip: These letters should be detailed, honest, and written by people who can vouch for your growth - not just say you're a "good person." 5. Start Volunteering Community involvement, especially ongoing volunteering, can significantly strengthen your case. It shows: Humility Social investment A genuine desire to give back Local nonprofits, churches, or food banks are great places to start. 6. Stay Out of Trouble This should go without saying, but any new arrest or conviction (even something minor) can destroy your chances. Maintain a clean record, and if you’re on probation or parole, stay in full compliance. Final Thoughts Early expungement in Indiana is possible, but it's an uphill climb. The prosecutor’s approval is the biggest barrier, and to get it, you need to show that you’ve put in the work and are committed to building a better future. If you’re not eligible to file today, don’t wait until the last minute. Start preparing now. The stronger your foundation, the better your chances of convincing the prosecutor and judge that you're ready for a clean slate. Need Guidance on Early Expungement? At Baber & Baber, P.C., we’ve helped clients across Indiana prepare strong expungement petitions - even in tough, early-filing cases. If you’re serious about clearing your record, let’s talk. 📍 Based in Columbia City | Serving All of Indiana 📞 Call 260.244.4422 🌐 Visit: https://www.bradbaberatty.com/seal-your-records

Whether you pursued having your records sealed in Fort Wayne or Indianapolis, what happens next should look similar. You went through the paperwork, waited patiently, and finally received the good news. That your Indiana expungement has been granted. So, what now? Many people think that once a judge signs the order, their record disappears instantly. But the process doesn't end there. Knowing what happens after your expungement is approved in Indiana is just as important as filing the petition correctly. Here’s what to expect next and how to make the most of your clean slate. 1. How Long Until My Record Is Actually Cleared? Once your expungement is granted, the court notifies relevant agencies, but it doesn’t happen overnight. Each agency (such as the Indiana State Police, Department of Corrections, county clerk, and local law enforcement) must update their records individually. Typical timeline: Indiana State Police: 30–60 days to update Local court systems: varies by county Background check companies: 60–90+ days to reflect changes Pro tip: After 60–90 days, run your own background check to confirm your record has been updated across databases. 2. Who Can Still See My Record After Expungement in Indiana? It depends on the type of expungement you were granted: Misdemeanor and Most Level 6 Felony Expungements: Your records are sealed from public view. Law enforcement, courts, education, and a few others may still access them, but employers, landlords, and the general public cannot. Other Felony Expungements Not Covered Above: Records are marked as expunged but not sealed. They’ll still appear in some law enforcement systems, but with a notation that they’ve been expunged. Note: Expunged convictions cannot be used against you in most civil or criminal proceedings in Indiana. 3. Will My Mugshots or Charges Still Appear Online? Here’s the frustrating truth: some third-party websites and news outlets may still display arrest records or mugshots, even after expungement. That’s because these private websites don’t always update with court orders. What you can do: Contact sites directly to request removal (include your expungement order) Use an online reputation management service Hire an attorney to send removal requests if needed 4. Can I Say “I’ve Never Been Convicted” on Job Applications? It depends. This is one reason we provide our clients with a guide on how to handle job applications and job interviews after an expungement. In general, if asked: You are not required to disclose expunged arrests or convictions Employers are prohibited from asking about expunged records 5. What Else Can Expungement Help Me With? An expunged record can open new doors, especially when it comes to: Employment (pass background checks and open more job opportunities) Housing College Financial Aid Professional Licenses Gun Rights Restoration (if applicable and petitioned separately) Peace of mind knowing your past is no longer public 6. Final Steps: What Should You Do Now? After your Indiana expungement is granted: Wait 60–90 days, then run a background check Check your local court’s online docket to confirm updates Review your online presence and request content removals if needed Keep a certified copy of your expungement order for your records (we provide our clients with a digital, physical, and a laminated copy to last) Need Help With An Expungement? We serve clients across all 92 counties in Indiana, and we’re here to guide you every step of the way. Located near Fort Wayne | Serving All of Indiana Call us at 260.244.4422 Visit: https://www.bradbaberatty.com/seal-your-records

If you're ready to move on from your past and get a fresh start, filing for expungement in Indiana can be a life-changing decision. It allows you to clear or seal your criminal record, making it easier to get a job, find housing, and regain your peace of mind. But even a small mistake during the expungement process can result in delays, or worse, a denial. At Baber & Baber, P.C., we’ve helped clients across Indiana successfully expunge their criminal records. Along the way, we’ve seen the same avoidable mistakes trip up too many people. If you're filing for expungement in Indiana, here are the top three mistakes to avoid: 1. Not Fully Checking Eligibility Before Filing Just because you’ve completed your sentence doesn’t mean you’re automatically eligible to file for expungement in Indiana. There are specific waiting periods, disqualifying offenses, and required conditions based on the type of conviction. Common eligibility issues include: Filing before the required waiting period has passed Having a disqualifying conviction (like certain sex or violent offenses) Owing court fees, fines, or restitution Attempting to expunge multiple cases that are not eligible under one petition Tip: Before you file, work with an experienced expungement attorney who can evaluate your full criminal history and ensure you're eligible under Indiana Code § 35-38-9. 2. Incomplete or Incorrect Paperwork Filing for expungement in Indiana isn’t just about filling out a form. The process requires precise paperwork, accurate case numbers, and detailed information for every charge, conviction, and county involved. Mistakes we commonly see: Missing required information like disposition dates or case numbers Using outdated forms or incorrect petition formats Not including a proposed order Even one error can lead to rejection or delay, and courts are not required to give you a second chance. Tip: Make sure all paperwork is complete, consistent, and filed according to the rules of each individual court. 3. Not Filing in All Counties Where You Have Criminal Records Indiana law requires you to file your expungement petitions in all counties where you have eligible convictions within the same 365-day period. That means if you forget a county or wait too long between filings, you may lose your chance to expunge your entire record. This is one of the biggest (and most frustrating) mistakes we see. Tip: Run a statewide criminal history report and consult with a lawyer to ensure you're filing correctly and in every necessary county the first time. Final Thoughts Getting your record expunged is one of the most powerful legal tools available in Indiana, but only if it’s done right. Don’t risk missing your chance due to paperwork issues, eligibility confusion, or a technical mistake. At Baber & Baber, P.C., we offer statewide expungement services to help you avoid these mistakes and navigate the process with confidence. We serve clients in every Indiana county, and we’re here to make sure your path to a clean record is as smooth as possible. Ready to Clear Your Record? Contact Baber & Baber, P.C. today for a free case review and let’s talk about your eligibility, your goals, and your next steps. 📍 Based in Columbia City, Indiana - Serving all 92 counties 📞 260.244.4422 🌐 bradbaberatty.com/seal-your-records

Last Updated: 5/22/2025 NOTE: This is for informational purposes only. This is not intended and meant to be taken as legal advice. ________________________________________ What Is Expungement? Expungement is a legal process that seals or marks certain criminal records so they are not available to the public. It allows qualifying individuals to move forward in life without the burden of a past criminal record affecting their employment, housing, or personal reputation. IMPORTANT: While expungement offers many benefits, it does not erase history. Law enforcement, courts, and certain agencies may still access expunged records under specific conditions. ________________________________________ Who Is Eligible? Eligibility depends on: • Type of offense (arrest, misdemeanor, or felony) • Time elapsed since the conviction or sentence • Absence of new criminal charges • Full payment of fines, fees, court costs, and restitution Each section of IC 35-38-9 governs a different type of record. Below is a breakdown. ________________________________________ 1. Expungement of Arrest Records (IC 35-38-9-1) You may qualify if: • Charges were dropped, dismissed, or no conviction occurred • A full acquittal occurred • One year has passed since arrest with no charges filed • Conviction was vacated or later expunged Disclosure: Law enforcement and courts may retain non-public internal records. You must not be in a diversion program unless the prosecutor allows early filing. ________________________________________ 2. Misdemeanor Convictions (IC 35-38-9-2) You may petition 5 years after the conviction if: • No charges are currently pending • No convictions in the last 5 years • All fines, fees, and restitution are paid • Prosecutor consent can reduce this timeline Exclusions: • Sex or violent offenders • Multiple felony convictions involving deadly weapons (not part of the same episode) ________________________________________ 3. Minor Felonies (Class D / Level 6 not reduced) (IC 35-38-9-3) You may petition 8 years after the conviction if: • No new convictions in that time • All obligations from sentencing are fulfilled • No charges are pending • Prosecutor consent can reduce the time Not Eligible If Convicted Of: • Violent crimes, sex offenses, perjury, official misconduct, crimes involving bodily injury, or multiple felonies with a deadly weapon ________________________________________ 4. Other Less Serious Felonies (IC 35-38-9-4) Eligible after 8 years from conviction or 3 years from sentence completion (whichever is later), with: • No new convictions in 8 years • All court obligations satisfied Court discretion applies. Exclusions mirror above, with the addition of: • Serious bodily injury • Felony death cases ________________________________________ 5. Serious Felony Convictions (IC 35-38-9-5) Eligible after 10 years from conviction or 5 years from sentence end with: • No new convictions in last 10 years • All obligations paid • Prosecutor MUST consent in writing Exclusions: • Sex/violent offenders • Felony death or serious injury crimes • Official misconduct • Certain listed crimes (e.g., homicide, trafficking, sex offenses) ________________________________________ Petition Timing Limits & Restrictions (IC 35-38-9-8 & 9) • You must consolidate all petitions from the same county. • You can only file once per lifetime, unless: A petition was denied and refiled for convictions not previously granted (after 3 years if denied under discretionary sections) A court permits an amendment due to good faith/excusable neglect ________________________________________ What Happens After Expungement? If granted (Misdemeanors and Minor Felonies): • Records are sealed from public access • Civil rights (voting, jury service, firearm rights*) are restored • Employers and landlords may not legally discriminate If granted (Serious Felonies): • Records remain public but are marked “expunged” • Rights restored EXCEPT gun rights in domestic violence cases • Still count for sentence enhancement in future offenses *Firearm rights require separate petition if conviction involved domestic violence. ________________________________________ Disclosures and Limitations • Expungement does not erase all traces. Courts, law enforcement, and certain licensing agencies may still access these records. • Expungement does not stop federal reporting (e.g., CDL violations, mortgage licensing). • Expunged convictions may still affect sentencing in future cases. • Expungement does not affect immigration consequences. • You must answer questions truthfully. You may deny expunged convictions on most applications—but always read the question carefully. • Expungement does not apply to federal convictions. ________________________________________ Required Information to File Each petition must include: • All names/aliases • DOB and addresses since conviction • SSN and driver’s license # • Case numbers and conviction dates • A statement confirming eligibility • Payment of the civil filing fee unless waived • Prosecutor’s consent if required ________________________________________ Notice and Disclaimer By receiving this guide: • You acknowledge this document is general guidance and not legal advice. • Each expungement is case-specific. Outcomes are not guaranteed. • Eligibility does not guarantee approval. • You are responsible for providing accurate, complete information. • Misstatements may result in denial or inability to refile. ________________________________________ Next Steps 1. Schedule a free case review if you haven’t done so. 2. If eligible, we will send you an engagement letter for signature, a link for payment, and a list of the next steps. 3. You may or may not need to attend a hearing. ________________________________________ Contact Us Call 260.244.4422 and ask for Zach Or, c lick here to learn about our Clean Slate Package and free case review. Baber & Baber, P.C. Attorneys At Law 110 N. Main St. Columbia City, IN 46725 Phone: 260.244.4422 Website: www.BradBaberAtty.com