Do I Have to Go to Court for an Expungement? What Hearings Look Like (and How We Prepare You)

The idea of going to court makes a lot of people nervous, especially when they’re trying to leave the past behind. The good news is that not every expungement requires a hearing, and even when it does, the process is usually straightforward with the right preparation.

Will I have to appear in court?

That depends on: your state’s expungement rules, the type of case (dismissal vs. conviction), whether any agency objects, your local court’s procedures.

Some courts decide expungement petitions based only on written filings. Others schedule hearings automatically, or only if an objection is filed.

You may be more likely to have a hearing if: the expungement involves a conviction, there are multiple charges or multiple cases, the prosecutor or another agency files an objection, the court wants clarification on eligibility.

What happens at an expungement hearing?

Most hearings are brief. The judge may: confirm your identity and case information, ask a few questions about rehabilitation or time since the offense, review whether legal requirements are met, consider any objections, issue a decision or take the matter under advisement. In many cases, you won’t need to “tell your life story.” A well-prepared petition often does much of the work.

How an expungement attorney helps

A law firm can help by filing a petition that clearly meets statutory requirements, preparing you for likely questions, presenting your case respectfully and efficiently, addressing objections with legal arguments and documentation, ensuring the final order is properly distributed to agencies.

If you’ve been searching expungement attorney near me, this is one of the key reasons representation matters: local courts have local rules, and familiarity with procedure can reduce stress and delays.

What should I do before a hearing?

If a hearing is scheduled, we typically recommend: arrive early and dress neatly, avoid discussing the case in the hallway, bring any requested documents, let your attorney do the talking unless asked directly.

You don’t have to do this alone. Expungement is about moving forward. If a hearing is required, you deserve to walk in prepared. Contact Brinkley Law to speak with an expungement lawyer in Indiana. We’ll review your record, explain whether a hearing is likely, and represent you every step of the way.