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Authors 
CARRIE HAGAN  
Clinical Associate Professor 
of Law, Indiana University 
Robert H. McKinney School 
of Law 

Director, Civil Practice Clinic 
and Interdisciplinary Law 
and Social Work Civil Prac-
tice Clinic

KYLE LANHAM   
Vice President of Commu-
nity Engagement and Chief 
Advancement Officer, Good-
will of Central & Southern 
Indiana

CARRIE HAGAN AND KYLE LANHAM 

One Giant LEAP for All 
Developing and implementing a community 
non-profit and legal partnership to overcome 
barriers to re-entry 

abstract
A criminal record is an anchor that 
stays with you even after you have 
paid your debt to society for the 
crime you committed. That record 
can make it nearly impossible to 
meet basic needs, especially housing, 
employment, and education. To 
assist in meeting these needs, 
Goodwill of Central and Southern 
Indiana and the Civil Practice Clinic 
of the Indiana University Robert H. 
McKinney School of Law partnered 
to create the Legal Expungement 
Advice Program to give qualifying 
individuals a second chance. This 
article examines the intersection 
of these two Indianapolis-area 
programs providing resources for 
employment and expungement that 
help persons previously charged 
with or convicted of crimes get back 
on their feet -- and stay that way. 

Once you have a criminal record for 
any reason, serve your time, and pay 
your restitution, you are discharged 
back into society, often without 

the skills or support network that 
you need, and now with a criminal 
history. This criminal history stays 
with you; it stays with you because 
society worries that you will offend 
again and wants to make sure 
that you are punished for certain 
patterns of behavior and suffer the 
consequences of your actions. Your 
criminal history also stays with 
you to put employers on notice of 
your prior acts, so they can protect 
themselves from liability for your 
future bad actions and protect others 
that may come into contact with you 
should you be hired as one of their 
employees. This article explores a 
community partnership intended to 
overcome a significant barrier to re-
entry in five sections: The Problem, 
The Partners, The Population Being 
Served, The Partnership and Project, 
and The Reach. The article will 
look at how specific employment 
practices, programs, and legal 
partnerships create avenues that go 
beyond helping someone get basic 
employment. 

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Civil Practice Clinic students and Carrie Hagan hold LEAP expungement clinic at the Goodwill corporate offices.   
Photo credit: David H Jaynes

1 For this paper, the authors are choosing to refer to the population that they assist as “persons with a criminal record”(PCR) instead of 
referring to them generally as “ex-offenders,” as many of the individuals impacted by this community partnership may not have actual 
convictions on their record, and instead only charges that didn’t lead to a conviction.

the problem
Research by the National Employment Law 
Project (NELP) has shown that there are an 
astounding number of Americans, around 70 
million, who have a prior arrest or conviction 
record (2018). This amounts to nearly one in three 
adults in the U.S. These Persons with a Criminal 
Record 1 (PCR) – that criminal record possibly 
containing both arrests not leading to charges 
being filed and charges resulting in convictions – 
are often unemployed or underemployed because 
their criminal record does not allow them to 

get past the job application stage. The question 
“Have you ever been convicted of a crime?” 
seems harmless when one has never committed a 
crime, but for individuals who do have a criminal 
record, this disclosure closes many doors before 
they can truly be opened (Rodriguez & Emsellem, 
2011). As a result, one’s criminal record usually 
precludes any offer of employment, unless he or 
she is able to find work at a company with a focus 
on hiring and assisting persons who have formerly 
been incarcerated.

In 2013, Indiana signed the Second Chance 

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2 All A, B, C, and D felonies were recategorized as F1-F6 felonies in 2014 (2014 Ind. HEA 1006).

3 Hoosiers is a colloquial term for Indiana residents.

Law, which allows for PCR to have their 
criminal records expunged. Expungement, or 
“expungement of record,” is generally defined 
as “the removal of a conviction ([especially] for 
a first offense) from a person’s criminal record,” 
(Garner & Black, 2014). Expungements are often 
said to “seal” one’s criminal history records, 
and sealing means that no one has access to 
those records nor can pull them in any records 
search for a background check (Justia, 2018). 
Expungement in Indiana under this law does 
not mean that the records are destroyed but 
rather that access to these records is limited 
to only certain state agencies. Depending on 
the type of crime that was expunged, crimes 
may still appear on one’s record as “marked as 
expunged.” With the advent of the Second Chance 
Law, PCR had a legal opportunity to clear their 
past, and should they be successful, move into 
better employment and educational options. In 
Marion County, Indiana, since July 2013, near 
11,500 expungement petitions have been filed 
and reviewed by the Marion County Prosecutor’s 
Office, and 60 percent of those petitions involved 
convictions (Blinder, 2018).

Indiana’s law is broad given the scope of what 
may be expunged and how often. Other states’ 
laws are more restrictive as to what and how 
records may be expunged. With regards to federal 
crimes, there is currently no statute allowing 
federal convictions to be expunged. Additionally, 
there is varying ability by jurisdiction to access 
expunged records once they have been expunged 
(CCRC Staff, 2016). In Indiana for example, even 
after one has their criminal conviction records 
expunged, should they be charged later in time 
with a crime similar to the one(s) previously 
expunged, the prosecutor can seek to admit prior 

history as evidence in the pending case (Ind. Code 
§ 35-38-9-6(d)). This sort of situation leads to 
questioning the value of getting an expungement, 
especially when expunged records can later be 
reopened and used against them. However, this 
request to reopen expunged case material is not 
extensively used, if at all, at the current time 
(Fogle, 2018).

In Indiana, one may expunge five “categories” 
of crimes from one’s criminal record: arrests/
dismissed charges; misdemeanors; D felonies; 
A, B, C, and D Felonies without Serious Bodily 
Injury; and A, B, C, and D Felonies with Serious 
Bodily Injury2  (Digest for Court Staff and Clerks, 
2017). Each category of crime has its own 
requirements and restrictions about how and 
when one may file to have a record expunged (Ind. 
Code §§ 35-38-9-1 — 35-38-9-11). Hoosiers3 
seeking to expunge their records may seek to 
have arrests and dismissed cases expunged as 
many times as needed during their lifetime under 
the current law, but may only seek to have their 
records of convictions expunged once in their 
lifetime (Ind. Code § 35-38-9-9(i)). 

In addition to various restrictions and hurdles 
one must satisfy in order to expunge, there are 

Once you have a criminal 
record for any reason, serve 

your time, and pay your restitu-
tion, you are discharged back into 

society, often without the skills or 
support network that you need, and 

now with a criminal history. 

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several crimes that are completely precluded 
from the possibility of expungement, such as 
murder, trafficking, sex offense crimes, and 
crimes involving child molestation (Ind. Code § 
35-38-9-3(b)). As one might expect, for eligible 
convictions, the more serious the crime one is 
seeking to expunge, the more hurdles there are 
to cross, and the more risk is involved (at least in 
Indiana) that your request may not be granted.

Once records are expunged, the next question is 
how that person should answer questions on a 
job application pertaining to criminal history and 
convictions. Questions on job applications such as 
“Have you ever been convicted of a crime?” seem 
harmless when someone has no criminal history. 
The same scenario is trickier when it is from the 
perspective of one who has both been convicted of 
a crime and had it expunged. If one checks “yes,” 
even though records of said convictions no longer 
appear in public record, one may lose any chance 
at that job because they checked “yes.” Should they 
check “no” and somehow the prospective employer 
learn that they have such a past, even though the 
records have been expunged, they run the risk of 
not getting the position for alleged dishonesty. 
Given all of the above, multiple questions thus 
arise when looking at expungement for PCR: 
How may I obtain expungement? Am I eligible 
for expungement? If not, why not? If yes, how 
do I go about obtaining expungement? And if I 
successfully obtain expungement, what does that 
mean for the future? 

the partners
Goodwill of Central and Southern Indiana is 
working to answer these questions with the help of 
the Indiana University Robert H. McKinney School 
of Law’s Civil Practice Clinic (CPC). Goodwill of 

Central and Southern Indiana is one of 161 not-
for-profit, independent Goodwill organizations 
throughout North America that exists to address 
quality of life and family self-sufficiency issues. 
Founded in 1930, Goodwill’s mission is to change 
lives every day by empowering people to increase 
their independence and reach their potential 
through education, health, and employment. 
This mission is funded in great part through the 
generosity of hundreds of thousands of Hoosiers 
who make financial gifts, donate their clothing and 
household goods, and shop at its retail stores.

Goodwill executes its mission through an 
integrated network of direct employment, charter 
schools, and numerous supportive programs that 
create opportunities for self-sufficiency. Goodwill 
operates 78 retail stores, outlets, and distribution 
centers throughout central and southern Indiana. 
These facilities employ more than 3,200 people, 
59 percent of whom self-report a disability, 
lack of a high school diploma, and/or a prior 
felony conviction. Goodwill tracks these three 
barriers to employment, which often impede 
those attempting to improve their employment 
opportunities. 

The Civil Practice Clinic (CPC) is an experiential 
clinical course offered for students of the Indiana 
University Robert H. McKinney School of Law. 
The CPC provides legal representation, brief 
advice, and service to low-income clients on a 
variety of general civil matters, focusing mostly on 
criminal expungement. Students in the CPC serve 
as Certified Legal Interns (CLI), meaning that 
they may “interview, advise, negotiate for, and 
represent parties in any judicial or administrative 
proceeding”4 under the supervision of an attorney. 
As part of their CPC experience, students attend 
weekly classes, complete weekly coursework and 

4   Indiana Rules for Admission to the Bar and the Discipline of Attorneys Rules 2.1

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represent clients in legal proceedings throughout 
the semester. CPC students work for their 
clients and the overarching systemic issues on 
both macro and micro levels by providing free 
legal representation for individuals, and also 
by researching and filing briefs as amicus curae 
on Indiana Supreme Court and Indiana Court 
of Appeals cases interpreting the laws most 
impacting their clients. 

The corporate office of Goodwill of Central and 
Southern Indiana is located near downtown 
Indianapolis in the Hawthorne neighborhood, 
a mix of private residences and retail/industrial 
businesses. Within the corporate office space 
are two charter high schools, The Excel Center  
(TEC) and Indianapolis Metropolitan High School 
(IMet), both run by Goodwill. TEC serves adults, 
and IMet serves high school age students. Just 
one mile away is the IU McKinney School of Law, 
where the CPC is located. As the two partners are 
closely located, classes are held both at the law 
school and at Goodwill’s corporate offices, with 
space and staff supporting the work of the CPC 
students for Goodwill’s clientele.

the population being served
Goodwill employees, students, and program 
participants — all considered Goodwill Family 
Members — have the opportunity to work with 
a Goodwill Guide, someone best described as a 
life coach. Guides, who are full-time employees, 
are assigned to specific areas within Goodwill 
(i.e., retail stores, IMet, The Excel Center, etc.). 
They work one-on-one with Goodwill employees, 
students, and program participants to identify 
strengths as well as challenges while helping 
them develop paths to success that involve setting 
career and financial goals. 

Guides connect Members with programs and 
services within Goodwill, such as the Nurse- 
Family Partnership, and other resources. They 

also advocate for and connect Members to 
services outside Goodwill, such as temporary 
emergency assistance, housing, childcare, and 
transportation. Through continued mentoring 
on skills, including writing a resume and 
interviewing for a job, Guides also prepare them 
to pursue career paths with higher earning 
potential, both inside and outside of Goodwill. 
According to internal Goodwill data, Guides have 
provided job services to nearly 2,000 people since 
2014. Nearly 1,000 Goodwill Family Members 
have received a job or promotion while working 
with Guides since 2013.

Guides and other Goodwill staff have long been 
aware of how a prior criminal conviction or arrest 
can be a barrier in the process of empowering 
people as they make efforts to increase their 
independence and reach their highest potential. 
One’s criminal history can limit employment 
and housing opportunities, and in some cases 
opportunities for higher education. 

A recent CareerBuilder study conducted by 
Harris Poll revealed that 72 percent of employers 
conduct background checks, and 82 percent are 
specifically checking to learn if the candidate 
has a criminal history (CareerBuilder, 2016). 
Many Goodwill Family Members describe the 

The question “Have you 
ever been convicted of a 

crime?” seems harmless when 
one has never committed a crime, 

but for individuals who do have 
a criminal record, this disclosure 

closes many doors before they can 
truly be opened.  

-- Rodriguez & Emsellem, 2011

The question “Have you 
ever been convicted of a 

crime?” seems harmless when 
one has never committed a crime, 

but for individuals who do have 
a criminal record, this disclosure 

closes many doors before they can 
truly be opened.  

-- Rodriguez & Emsellem, 2011

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difficulty of obtaining housing, social services, 
and employment due to having a criminal record. 
Many say that with a criminal record and limited 
education and work experience, Goodwill was 
their only employment option.

Nine percent of Goodwill employees, 
approximately 361 people, self-report a felony 
conviction. Goodwill leadership estimates the 
number of employees with a misdemeanor 
conviction is even greater. It is reasonable to 
assume that a similar portion of Goodwill students 
and program participants have been convicted of 
a felony or misdemeanor. Accordingly, as many 
as 2,000 Goodwill Family Members may have 
a criminal record. Given the above, Guides and 
Goodwill leadership asked how Members might 
fare if, having repaid their debt to society years 
ago, information about their past could be publicly 
restricted. This led to the partnership with the CPC.

the partnership and project
In order to file for expungement in Indiana, one 
must draft several legal documents, including 
a Petition and a Proposed Order. Both of these 
documents must list all of the crimes a person is 
seeking to expunge and provide proof that they 
meet all legal requirements to file. Litigants are 
able to expunge all of their convictions only once 
in their lifetime, and each case must meet all of 
the requirements to file at the time they petition 
for expungement. For each case one is seeking to 
expunge, the required amount of time specified by 
law must have passed, and all fines and fees owed 
on each case must have been paid. While the law 
is fairly clear on these requirements, the process of 
drafting and filing the paperwork can be a daunting 
task, depending on how many cases one has and 
whether those cases are in one or multiple counties. 

Given the scope of the legal work involved and 
the educational and other needs of the Goodwill 
populations, the partnership, created in 2015 
between Goodwill and the CPC, addresses the 
legal needs involved with expungement. The 
partnership was initially envisioned as a situation 
wherein Goodwill could refer anyone the Guides 
had identified as wanting expungement. It became 
clear that the majority of those referred were 
ineligible because not enough time had passed 
on the cases they were seeking to expunge; they 
owed fines or fees on the cases they were seeking 
to expunge; or both. Working together, Goodwill 
and the CPC decided that, to better serve these 
needs, a screening project should be offered first, 
and anyone who was eligible for expungement 
as identified by that project would be offered 
representation by the CPC. This project, titled the 
Legal Expungement Advice Program (LEAP), works 
directly with and for Goodwill referrals and screens 
individuals for their eligibility for expungement on 
a bi-weekly basis during the academic year. LEAP 
was first launched in the fall of 2016 and is offered 
every semester, including summers.

To qualify for LEAP, participants are referred 
by their Goodwill Guides, and identifying 
information (name, date of birth, etc.) is shared 
with the CPC so that all criminal records may 
be located for each referral. Once records are 
located, each case is screened for its compliance 
with the expungement criteria, and any red flags 
(owing fines or fees, not being time eligible, 
etc.) are noted. Participants are then signed up 
for a LEAP interview time slot, which is a half 
hour of brief, one-on-one advice and service 
by a licensed attorney and certified legal intern 
(CLI) law student of the CPC.5 At that interview, 
all of the cases found for that participant are 

5  Interviews were initially scheduled for an hour, but the CPC and Goodwill found that as staff both at Goodwill and the CPC became 
better and more adept at screening, the interview times could be shortened to a half hour. Thus more participants are able to be seen 
during LEAP interview days

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discussed, and any new or unknown cases are 
identified and screened. By the time they leave, 
each participant knows whether they do or do 
not qualify for expungement. Two to four weeks 
following that interview, each participant receives 
a comprehensive summary letter of everything 
discussed in that interview. Goodwill Guides, 
with permission of the Goodwill participants, also 
receive a copy of the summary letter to assist with 
any identified needs. In those letters, in addition 
to an analysis of all cases discussed, LEAP 
participants receive guidance on how to pay fines 
and fees; how to find information unavailable 
online regarding their cases; and have questions 
about the expungement process answered.

Not only does LEAP provide a valuable service for 
its Goodwill participants, but the CLI law students 
at McKinney are able to work with them in a real 
attorney-client capacity by providing this brief 
advice and service. At the same time, they fulfill 
their graduation requirement for experiential 
learning. CLIs pull all of the criminal records for 
each referral from the online databases, pre-
screen each case for eligibility, conduct the LEAP 
interviews, and draft all follow-up summary 
letters. Any LEAP participant who is ineligible 
for expungement is told why they are ineligible 
and given direction on how to clear the identified 
legal hurdles to be able to file in the future. 
For any LEAP participant who is found eligible 
for expungement, CLI’s have the opportunity 
to take them on as clients for expungement 
representation, draft all of the paperwork needed 
to file for expungement, and represent them at 
any scheduled hearings. CLIs who have worked 
with LEAP and its participants over the years 
have self-reported that LEAP has been one of the 
“most rewarding experiences of [their] law school 
career”6 and have appreciated the opportunity 

to work with and within an organization like 
Goodwill. From a pedagogical perspective, CLI 
students are able to experience crucial lawyering 
highs and lows by working with LEAP, as they 
are able to give good news when one qualifies 
for expungement and must also deliver bad 
news when letting someone know that they 
don’t qualify, and more often than not, also owe 
hundreds of dollars in unpaid court costs and 
fees. Delivering bad news as an attorney is not an 
easy task but a necessary one, as nOt every client 
will hear what they want to hear. 

the reach
Since the inception of the project, CPC students 

have devoted nearly 4,000 hours to LEAP and the 

resulting client work, and Goodwill has devoted 

countless hours as well, dedicating two staff to 

LEAP to collect data, and provide screening, 

support and referrals. 

According to Goodwill’s internal data collection 
processes, as of October 2018, 175 Goodwill 
participants have been seen by LEAP, with 
56 of those participants being eligible for 
expungement and offered representation. To 
receive representation, participants must call 

Through university-com-
munity partnerships such 

as the one formed by the Civil 
Practice Clinic (CPC) and Goodwill, 

resources can be provided to the in-
dividuals who need them the most, and 
both benefit from working together. 

6 This comment was taken from a student evaluation of the Civil Practice Clinic experience. Students in the CPC also fill out weekly time 
sheets, and on the reflection piece of those timesheets, students consistently report highly favorable opinions of working with LEAP and 
working with Goodwill participants.

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the CPC after receiving their summary letter 
and then retain the CPC as their attorney. The 
remaining 119 participants who attended LEAP 
were ineligible for expungement. Forty-four of 
those 119 owed fines and fees; 19 people were 
ineligible to file due to time restrictions; and 35 
participants were precluded by both fees and 
time. Twenty-one participants were ineligible 
for other reasons. Out of the 56 participants 
who were eligible and received representation, 
some are waiting for their cases to be filed 
or for a hearing, and some never called for 
representation. Nineteen have already been 
successful in having their records expunged.

To increase community awareness about the 
barriers involving expungement and to get the 
local bar of attorneys involved, in the summer of 
2017, Goodwill and the CPC partnered with the 
Professionalism Committee of the Indianapolis Bar 
Foundation. Through this partnership, LEAP is 
staffed six times every summer by volunteer and pro 
bono attorney members of IndyBar. These attorney 
volunteers receive training on general expungement 
laws and LEAP protocols, staff the LEAP summer 
participant interviews, and are responsible for 
writing the follow-up summary letters. All efforts 
by IndyBar are supported by the CPC. Just like the 
CLI self-reports, IndyBar attorneys expressed that 
working with LEAP is a highly rewarding experience 
from a volunteer perspective. Volunteer attorneys 
are eager to repeat the experience for following 
summer sessions and have also offered to take on 
eligible participant cases pro bono. 

In addition to the above, and after working with 
Goodwill in identifying that unpaid fines and 
fees were the most common barrier for LEAP 
participants, Goodwill applied for an internal grant 
sponsored by the Goodwill Young Leader’s Board 
in 2018 for $10,000, and LEAP was awarded 
the full $10,000. All of the money awarded went 

towards paying off fines and fees of expungement 
eligible LEAP participants, and in order to receive 
those funds, LEAP participants would apply for 
the funding via a process instituted by Goodwill 
and the Young Leader’s Board. Participants would 
apply, and agree to personally pay 25 percent of 
the fine, fees, or penalties they owed, with the 
grant monies paying the remaining 75 percent. 
Since the grant award, 24 individuals have applied 
for funding, and 20 out of the 24 were awarded 
funding. All grant recipients were then assigned to 
the CPC for immediate representation, and as of 
this publication’s date, six of the grant recipients 
have obtained expungement, with the remaining 
clients in the early stages of filing or awaiting 
orders for expungement.

conclusion
By their very status of having a criminal record, 
persons with a criminal record (PCR) face 
numerous barriers once they re-enter society. 
Not only does society judge them based upon 
their past conduct, but as a result of that 
judgment, employment is more difficult to 
obtain. Moreover, access to housing, education, 
and restoration of civil rights, such as voting, 
access to guns, and qualifying for public benefits 
like the Supplemental Nutrition Assistance 
Program (SNAP) are also limited. With the 
passage of laws such as Indiana’s Second Chance 
Law, the State of Indiana is recognizing that 
these barriers exist and providing legal avenues 
for these individuals to start over. Through 
university-community partnerships such as the 
one formed by the Civil Practice Clinic (CPC) 
and Goodwill, resources can be provided to the 
individuals who need them the most, and both 
benefit from working together. Poverty may 
be a parent of crime, as Aristotle once said, 
but ingenuity and a passion for helping others 

through partnerships like LEAP parent new 

beginnings for persons with a criminal record.

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CareerBuilder. (2016). More than 1 in 4 employ-
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CCRC Staff. (2016). 50-state guide to expunge-
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National Employment Law Project (NELP). 
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Rodriguez, M. & Emsellem, M. (2011). 65 Mil-
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