A criminal record can follow you and make it challenging to obtain gainful employment, adequate housing, or a professional license. Fortunately, under Indiana’s “Second Chance Law,” you have the legal right to file for an expungement that removes qualifying arrest records, dismissals, misdemeanors, and certain felonies from public view.
Even so, because state law generally gives individuals one opportunity in their lifetime to petition the courts, filing correctly is critical to receiving an expungement. The most effective legal strategy is to seek qualified legal representation to follow Indiana’s strict eligibility timelines and procedural rules and obtain the required documentation so you can reclaim your future.
What Is Expungement and Who Qualifies?
Under Indiana law, expungement, also called sealing, restricts public access to criminal records. Indiana’s Second Chance Law, which took effect in 2013, has been expanded in subsequent years. The updates now dictate that expunged records are sealed from most background checks. Even so, keep in mind that expungement does not erase the record, as law enforcement agencies and certain employers can still access sealed records.
Indiana was one of the first states to allow felony expungement, and under state law, general eligibility requirements include:
- Completed your sentence, including probation, parole, and community service
- Paid all fines, fees, court costs, and restitution
- No pending criminal charges
- Have not been convicted of a new crime during the waiting period
- Have met the sufficient amount of time to be considered eligible for your offense type
Under the state’s eligibility rules, you may only file for expungement once in your lifetime, so getting it right the first time is critical. But certain convictions are not eligible for expungement and are covered in a separate section below.
If you are facing new charges, you cannot file for expungement until those charges are resolved. Learn more about what happens at an arraignment in Indiana.
Waiting Periods by Offense Type
Under the Second Chance law, waiting periods vary by offense type as outlined in the table below:
| Record Type | Waiting Period / Eligibility Timing |
|---|---|
| Arrest Only (No Conviction) | 1 year from arrest date, or once pending charges are dropped/dismissed |
| Misdemeanor Conviction | 5 years from the date of conviction |
| Level 6 Felony (or former Class D) | 8 years from the date of conviction |
| Higher-Level Felonies (Levels 1–5) | 8 to 10 years from the date of conviction (varies by specific offense) |
The waiting period starts on the conviction date, not when you complete your sentence, and time spent in prison counts toward it.
Level 6 felonies have an 8-year waiting period for expungement. An alternative is having the felony reduced to a misdemeanor under IC 35-38-1-1.5.
How to File: Steps, Documents, and Costs
Because you only have one opportunity in a lifetime to file, you must understand the necessary steps, documents, and costs involved in the expungement process:
Step 1: Determine Your Eligibility
To determine your eligibility, review your criminal record, which you can obtain from the Indiana State Police or through the court for a limited criminal history. Identify each conviction and calculate whether you’ve met the waiting period. You must also confirm that you’ve paid all fines, fees, and restitution in full.
Step 2: Obtain Your Criminal History
Aside from obtaining your criminal history from the state police, you can also check your case records through the Indiana courts Odyssey system (mycase.in.gov). Once you have obtained your records, be sure to review them for accuracy. If you find any errors in the record, they should be corrected before filing.
Step 3: Prepare the Petition
Indiana does not have a standard statewide expungement form. Instead, each county may have its own forms. The petition must include:
- Your identifying information
- The case number(s) and court where you were convicted
- The specific laws you were convicted of violating
- Date of conviction and sentence completion
- Statement confirming you meet all eligibility requirements
- Verified statement, under penalty of perjury, that you have not been convicted of another crime during the waiting period
- Character references which are optional but helpful for felony cases
Step 4: File the Petition
You must file the petition in the court where you were convicted. For Madison County cases, you may file in Madison County Circuit or Superior Court. You will be required to pay a filing fee, which may be waived in some counties for indigent petitioners. The court will then provide the prosecutor’s office with a copy of the petition.
Step 5: Prosecutor Review and Hearing
State law requires the prosecutor to respond within 30 days for misdemeanors or 60 days for felonies. Although the prosecutor may object to the petition, for arrests without conviction and misdemeanors, the court must grant the petition if you meet all requirements.
The court does have discretion in felony cases, and if the prosecutor argues against expungement, the court may schedule a hearing. At the hearing, you or preferably your attorney can present your case as to why the expungement should be granted.
Step 6: Court Order
If the court grants the expungement, it issues an order directing all agencies to seal the records. The Indiana State Police, the arresting agency, and court records are updated, but the process may take several weeks to update across all systems.
What Cannot Be Expunged and Benefits of a Clean Record
There are specific crimes that do not qualify for expungement, including:
- Murder and voluntary manslaughter
- Sex offenses requiring sex offender registration
- Official misconduct
- Offenses involving a deadly weapon and resulting in serious bodily injury
- Specific crimes against minors
- Perjury
- Human trafficking offenses
Suppose you have multiple convictions; some are eligible while others are not. Accordingly, an attorney should evaluate each conviction separately.
If you were convicted of a felony DUI, you may be wondering if it can be expunged. The answer depends on the conviction level.
Most employers cannot access expunged records, and you can legally answer no to criminal history questions on most job applications. Other benefits of a clean record include:
- Housing: Landlords cannot access sealed records
- Professional licensing: Although it varies by profession, expungement often removes barriers for many licenses
- Firearm rights: For certain offenses, expungement may restore gun rights, but it is best to consult an attorney for specific circumstances
- Education: Greater access to college admissions, scholarships, and financial aid
Additionally, one of the most significant benefits of an expungement is peace of mind and being able to move forward without the stigma of a criminal record.
What Happens After Sealing and Whether You Need a Lawyer
An expungement opens the door to many employment, educational, and housing opportunities, but you still need to keep several legal issues in mind. However, if you are later convicted of a new crime, the court may unseal your expunged records.
Because Indiana allows only one expungement petition in a person’s lifetime, working with an attorney is the safest way to handle the process. An attorney can review your eligibility, prepare the petition correctly, and help avoid mistakes that could affect your only opportunity to seek expungement and result in a denial. An attorney will review your case to ensure it meets all eligibility requirements and has the necessary supporting documentation.
Zaki Ali, Trial Lawyers help Anderson and Madison County residents navigate the expungement process. Contact our law office today at (1-833-925-4254) to schedule a consultation.
