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Indiana Expungement — Clearing Your Criminal Record
An old case can cost you a job, an apartment, a professional license, or a loan long after the sentence is served. Indiana's Second Chance Law, codified at IC 35-38-9, lets eligible people petition for relief from arrest and conviction records.
The law is more generous than most people assume. Procedural mistakes can seriously limit relief.
Eligibility Under Indiana Law
Eligibility depends on the statutory category, injury elements, and criminal history. Typical waits: misdemeanors, five years; qualifying Level 6/Class D felonies without bodily injury, eight; other eligible felonies, the later of eight years from conviction or three from sentence completion; remaining eligible felonies, the later of ten or five years, with prosecutor consent. Exceptions and other requirements apply, including restitution. Nonconviction cases may qualify for automatic relief or a petition under different timing rules.
The One-Petition Limitation
Under IC 35-38-9-9(i), conviction expungement is generally limited to one lifetime filing opportunity. Conviction petitions generally share one 365-day filing window. Limited amendments and refiling are possible; arrest-only petitions are treated differently. A complete record review helps avoid omissions.
This is where self-filed petitions can go wrong. Someone files on the case they remember, not knowing about an old county case from fifteen years ago. Before I file anything, I pull your complete Indiana criminal history across all counties so we file correctly and capture everything you are entitled to clear.
The Effect of an Expungement Order
Some records are sealed; others remain public but are marked expunged, with restrictions on their use. Indiana law provides protections against discrimination based on expunged records. Authorized agencies retain access, and disclosure requirements can vary. I explain what the order will mean for your particular record and circumstances.
Offenses Excluded From Relief
Some offenses and criminal histories bar relief. Exclusions differ by category; official misconduct is not universally excluded. I review the exact convictions and applicable statutory exclusions before recommending a petition.
The Process
We start with a free phone consultation. I review your record, identify every eligible case across every Indiana county, confirm the waiting periods have run, and tell you plainly whether you qualify and what the realistic outcome is. If you are not eligible yet, I will tell you when you will be rather than filing a petition that cannot succeed.
If you are eligible, I prepare and file the petitions, serve the prosecuting attorney, and handle any hearing the court sets.
Counties Served
I represent expungement clients in Hendricks, Marion, Putnam, Morgan, Boone, and Montgomery Counties, and throughout Indiana where a petition needs to be filed. Most of the work happens without you taking a day off — we handle the review and preparation by phone and video, and I file the petitions and handle the court appearances.
Typical waiting periods
Misdemeanor
5 years from conviction
Qualifying Level 6 / Class D
8 years; without bodily injury
Other eligible felonies
Later of 8 years from conviction or 3 from sentence completion
Remaining eligible felonies
Later of 10 years or 5 from completion; prosecutor consent
Nonconviction records
Automatic relief or different petition timing may apply
Filing limit
Generally one lifetime opportunity; exceptions apply
Related
Call for a free phone consultation
Find out whether you qualify, and when.
Consultations by appointment.