In order to begin your Indiana Criminal Record Expungement application, call 317-695-7700. Expungement of your criminal record under the Indiana Second Chance Expungement Law has become much easier in recent years. I provide a MONEY BACK GUARANTEE on ALL Expungements.

Introduction to Expungement Law in Indiana

Indiana Expungement Law Basics

Expungement of a Case that did not Result in a Conviction under Indiana Expungement Law

Expungement of a Criminal Misdemeanor Conviction under Indiana Expungement Law

Expungement of a Criminal Level 6 Felony or D Felony Conviction under Indiana Expungement Law

Expungement of a Major Felony Conviction under Indiana Expungement Law

Early Expungement in Indiana

Gun Rights and Expungement in Indiana

Indianapolis Expungement

Indiana Expungement Forms

Indiana Expungement Law Frequently Asked Questions and Additional Resources

Can I Expunge my record myself in Indiana?

What is the difference between expungement and sealing under Indiana Law?

Indiana Expungement Law Tips and Tricks

Indiana Expungement Law Cheat Sheets

Indiana Expungement Tables

Introduction to Expungement Law in Indiana

Indiana’s expungement law is designed to provide individuals with the opportunity to clear their criminal records, allowing them to move forward with their lives without the burden of past mistakes hindering their prospects. The law recognizes that individuals who have demonstrated rehabilitation should not be permanently stigmatized by past convictions. To be eligible for expungement in Indiana, individuals must meet specific criteria, including the completion of their sentence, probation, or parole. Certain offenses, such as serious violent crimes, are not eligible for expungement. The waiting period varies depending on the nature of the offense, ranging from five to ten years after the completion of the sentence. Eligible individuals must file a petition for expungement with the court where the conviction occurred. The petition should include details about the conviction, completion of the sentence, and evidence of rehabilitation. A filing fee is typically required, and the court will review the petition to determine eligibility. Courts consider various factors when evaluating expungement petitions, including the nature of the offense, the individual’s criminal history, and their rehabilitation efforts. Evidence of steady employment, community involvement, and completion of educational programs can strengthen a petitioner’s case. Indiana’s expungement law offers different levels of record clearance. Sealing records may restrict access to certain entities, while expungement goes further, making it as if the conviction never occurred for most purposes. However, law enforcement and certain government agencies may still have access to expunged records. One of the primary motivations for seeking expungement is the potential improvement of employment prospects. Expungement allows individuals to truthfully answer that they have not been convicted of a crime on job applications in most situations. This can be crucial in securing employment and breaking the cycle of recidivism. Expunged records are not entirely erased, but access is restricted. While the general public may not have access to expunged records, certain entities, such as law enforcement, may still be able to view them. The law aims to strike a balance between an individual’s right to privacy and the need for public safety. The Indiana expungement law is a positive step toward giving individuals a second chance. It acknowledges the capacity for rehabilitation and aims to reintegrate formerly convicted individuals into society as productive, law-abiding citizens.

Prior to 2013, Indiana’s Expungement law was extremely narrow in scope and prevented almost all expungements. The original version of the Indiana Expungement Law only allowed expungement if:

(1) no criminal charges were filed; or

(2) all criminal charges were dropped because of mistaken identity; or

(3) all criminal charges were dropped because no offense was in fact committed; or

(4) all criminal charges were dropped because there was an absence of probable cause.

As a result, prior to 2013, almost no cases were eligible for expungement under Indiana Expungement Law. This often created very unjust results. People who had stayed out of trouble for decades were still shackled by mistakes they had made in their youth. Even individuals who were found not guilty of very serious allegations still had the arrests on their record, making it very difficult to obtain employment. In 2013, Indiana passed the Indiana Second Chance Law, which made drastic changes to the Indiana Expungement statutes. There were a few flaws in the 2013 version of the statute, but the general intent of the amendment was to allow people to have cases expunged that could not have been expunged under the old version of the law, including many convictions. The expungement statue was amended in 2015 to cure several defects.

Indiana Expungement Law Basics

The specific rules for expungement are discussed in more detail below, but there are several important points that are worth taking note of.

• First, you generally only have one chance per lifetime to request expungement of your criminal convictions. Keep this in mind before you try to expunge your record on your own. If you make a mistake, you may do damage that is difficult or impossible to undo. Also, If you are young, and have a conviction on your record, you may want to think twice before having it expunged.

• Second, for some expungements, state law requires that the expungement petition “shall” be granted, meaning that if all the requirements of the statute are met, the Judge must grant the petition. For other expungements, state law gives discretion to the Judge to decide whether or not expungement is appropriate. This is addressed in more detail below.

• Third, expungement always requires a waiting period.

• Fourth, the waiting period can be waived if the prosecutor consents in writing. In my experience, if you have a good reason for requesting early expungement (especially an employment related reason), prosecutors are often understanding of this.

• Fifth, I would discourage anyone from attempting to do their own “do it yourself expungement.” Expungement law is not terribly complicated, and is somewhat routine for an experienced practitioner. However, it can end very badly if you don’t know what you are doing. I generally tell people that trying to do their own expungement petition is similar to changing the transmission in a car – if you know what you are doing, it can be fairly simple – but if you don’t – it can be a disaster.

• Sixth, expunged records are still visible to law enforcement and Courts. If you apply for a job at a police department, a prosecutors office, the FBI, or any law enforcement agency, they will have access to the expunged records. If you have legal trouble in the future, the Judge and Prosecutor will be aware of the prior records.

• Seventh, having a major felony conviction expunged will generally not actually remove the case from public records. An employer will still be able to see the conviction, although there will be an asterisk next to the conviction, explaining that it has been expunged. In some situations, it can still be worthwhile to have these cases expunged. For example, if an employer wants to offer you a job, but has a corporate policy of not hiring convicted felons, having the major felony conviction expunged might allow the employer to hire you. In some situations though, having a major felony conviction does not have the desired affect.

• Eighth, all expungement petitions require compliance with the Indiana Administrative Rules, including 9(G)(5).

• Ninth, if you hold or held a CDL, Federal law often prevents certain driving offenses (such as operating while intoxicated cases) from being expunged.

Indiana Expungement Law allows an individual to expunge their criminal record once per lifetime (although this limit does not apply to cases that have been dismissed). While the expungement law does contain certain exceptions, these general rules apply:

• Expungement of Dismissed cases – can be expunged in 1 year

• Expungement of Criminal Misdemeanor convictions – can be expunged 5 years after your last conviction

• Expungement of AMS convictions – can be expunged 5 years after your last conviction

• Expungement of Criminal Level 6 felony convictions – can be expunged 8 years after your last conviction

• Expungement of Criminal D Felony convictions -can be expunged 8 years after your last conviction

• Expungement of Major felony convictions – Some (but not all) major felony convictions can be expunged in 8 years.

In some situations, the waiting period to have your record expunged can be shortened. More details about the Indiana expungement statutes are available below. If you have questions about having your case expunged, please do not hesitate to contact me. I look forward to hearing from you.

Expungement of a Case that did Not Result in a Conviction under Indiana Expungement Law

Indiana Code 35-38-9-1 deals with expunging cases that did not result in a conviction. This includes cases that were dismissed through a diversion agreement or a conditional discharge. It also includes cases where the individual was found not guilty or the prosecutor dismissed the case. The actual statute is below, but there are several important points that are worth taking note of:

• First, if the case did not result in a conviction, it does not matter what the seriousness of the charge was. The rules are the same whether someone is charged with murder or minor in possession of alcohol.

• Second, this statute requires that the Judge “shall” grant the expungement petition, if all requirements of the statute are met. This means that the Court is not given to discretion to deny the petition.

• Third, there is a waiting period of one year. This can be waived if the prosecutor consents in writing. For cases filed after 2022, the Court will often do the expungement automatically.

• Fourth, the petitioner can not currently be participating in a pretrial diversion program.

• Fifth, the petitioner can not currently have criminal charges pending.

• Lastly, there is no filing fee.

• Under the new amendments to the Indiana Expungement Law, new cases are automatically expunged.

IC 35-38-9-1 Expunging arrest records

(a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if:

(1) the arrest, criminal charge, or juvenile delinquency allegation:

(A) did not result in a conviction or juvenile adjudication, even if the arrest, criminal charge, or juvenile delinquency allegation resulted in an adjudication for an infraction; or

(B) resulted in a conviction or juvenile adjudication and the conviction or adjudication was expunged under sections 2 through 5 of this chapter, or was later vacated; and

(2) the person is not currently participating in a pretrial diversion program, unless the prosecutor authorizes the person to petition for an expungement under this section.

(b) This subsection applies to a person charged with an offense or alleged to be a delinquent child after June 30, 2022. If:

(1) a court dismisses all:

(A) criminal charges; or

(B) juvenile delinquency allegations;

filed and pending against a person;

(2) one (1) year has passed since juvenile delinquency allegations were filed against a child, and:

(A) there is no disposition; and

(B) the state is not actively prosecuting the allegations; or

(3) in a:

(A) criminal trial a defendant is acquitted of all charges, or the defendant’s conviction is later vacated; or

(B) juvenile proceeding the court finds all allegations not true, or the juvenile’s true finding is later vacated;

the court shall immediately order all records related to the criminal charges or juvenile delinquency allegations expunged. An expungement order that is issued based on nonprosecution under subdivision (2) goes into effect immediately. An expungement order issued under subdivision (1) or (3) may not go into effect earlier than sixty (60) days from the date of the dismissal, acquittal, or no true finding. However, upon motion by the prosecutor, if the court finds that specific facts exist in the particular case which justify a delay, the court may delay implementation of an expungement order under subdivision (1) or (3) for up to one (1) year from the date of the dismissal, acquittal, or no true finding.

(1) a person is arrested;

(2) one hundred eighty (180) days have elapsed since the date of the arrest; and

(3) no charges are pending against the person;

the prosecutor shall notify a judge exercising criminal jurisdiction in the county (or a designated judge, if applicable) of these facts. Upon receipt of the notification, the judge shall immediately order the expungement of all records related to the arrest.

(d) Not earlier than one (1) year after the date of arrest, criminal charge, or juvenile delinquency allegation (whichever is later), if the person was not convicted or adjudicated a delinquent child, or the opinion vacating the conviction or adjudication becomes final, the person may petition the court for expungement of the records related to the arrest, criminal charge, or juvenile delinquency allegation. However, a person may petition the court for expungement at an earlier time if the prosecutor agrees in writing to an earlier time.

(e) A petition for expungement of records must be verified and filed in a circuit or superior court in the county where the criminal charges or juvenile delinquency allegation was filed, or if no criminal charges or juvenile delinquency allegation was filed, in the county where the arrest occurred. The petition must set forth:

(1) the date of the arrest, criminal charges, or juvenile delinquency allegation, and conviction (if applicable);

(2) the county in which the arrest occurred, the county in which the information or indictment was filed, and the county in which the juvenile delinquency allegation was filed, if applicable;

(3) the law enforcement agency employing the arresting officer, if known;

(4) the court in which the criminal charges or juvenile delinquency allegation was filed, if applicable;

(5) any other known identifying information, such as:

(A) the name of the arresting officer;

(B) case number or court cause number;

(D) the petitioner’s driver’s license number; and

(E) a list of each criminal charge and its disposition, if applicable;

(6) the date of the petitioner’s birth; and

(7) the petitioner’s Social Security number.

A person who files a petition under this section is not required to pay a filing fee.

(f) The court shall serve a copy of the petition on the prosecutor.

(g) Upon receipt of a petition for expungement, the court:

(1) may summarily deny the petition if the petition does not meet the requirements of this section, or if the statements contained in the petition indicate that the petitioner is not entitled to relief; and

(2) shall grant the petition unless:

(A) the conditions described in subsection (a) have not been met; or

(B) criminal charges are pending against the person.

(h) Whenever the petition of a person under this section is granted, or if an expungement order is issued without a petition under subsection (b) or (c):

(1) no information concerning the arrest, criminal charges, juvenile delinquency allegation, vacated conviction, or vacated juvenile delinquency adjudication (including information from a collateral action that identifies the petitioner), may be placed or retained in any state central repository for criminal history information or in any other alphabetically arranged criminal history information system maintained by a local, regional, or statewide law enforcement agency;

(2) the clerk of the supreme court shall seal or redact any records in the clerk’s possession that relate to the arrest, criminal charges, juvenile delinquency allegation, vacated conviction, or vacated juvenile delinquency adjudication;

(3) the records of:

(A) the sentencing court;

(B) a court that conducted a collateral action;

(D) a court of appeals; and

(E) the supreme court;

concerning the person shall be redacted or permanently sealed; and

(4) with respect to the records of a person who is named as an appellant or an appellee in an opinion or memorandum decision by the supreme court or the court of appeals, or who is identified in a collateral action, the court shall:

(A) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the petitioner’s name (in the same manner that opinions involving juveniles are redacted); and

(B) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.

The supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner’s name.

(i) If the court issues an order granting a petition for expungement under this section, or issues an order for expungement without a petition under subsection (b) or (c), the order must include the information described in subsection (e).

(j) If a person whose records are expunged brings an action that might be defended with the contents of the expunged records, the defendant is presumed to have a complete defense to the action. In order for the plaintiff to recover, the plaintiff must show that the contents of the expunged records would not exonerate the defendant. The plaintiff may be required to state under oath whether the plaintiff had records in the criminal or juvenile justice system and whether those records were expunged. If the plaintiff denies the existence of the records, the defendant may prove their existence in any manner compatible with the law of evidence.

Expungement of a Criminal Misdemeanor Conviction under Indiana Expungement Law

Indiana Code 35-38-9-2 deals with expunging cases that resulted in a criminal misdemeanor conviction. This includes cases that started as a level 6 or D felony, but were reduced pursuant to alternate misdemeanor sentencing (often called AMS). The actual statute is below, but there are several important points that are worth taking note of:

• First, this statute requires that the Judge “shall” grant the expungement petition, if all requirements of the statute are met. This means that the Court is not given to discretion to deny the petition.

• Second, there is a waiting period of 5 years. The 5 years runs from the date of the conviction (not the date of arrest). This waiting period can be waived if the prosecutor consents in writing.

• Third, the petitioner can not have any other convictions on their record during the previous 5 years. This includes convictions from other jurisdictions.

• Fourth, the petitioner can not have any charges currently pending.

• Fifth, the petitioner must have paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence.

• Sixth, this section does not apply to a person convicted of two or more separate criminal felony offenses that involved the unlawful use of a deadly weapon.

• Seventh, this section does not apply to a sex or violent offender.

• Lastly, there is a filing fee.

IC 35-38-9-2 Expunging misdemeanor convictions

(a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a misdemeanor.

(b) This section does not apply to the following:

(1) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

(2) A sex or violent offender (as defined in IC 11-8-8-5).

(c) Not earlier than five (5) years after the date of conviction (unless the prosecutor consents in writing to an earlier period), the person convicted of the misdemeanor may petition a court to expunge all conviction records, including records contained in:

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s misdemeanor conviction.

(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and

(4) the person has not been convicted of a crime within the previous five (5) years (or within a shorter period agreed to by the prosecutor if the prosecutor has consented to a shorter period under subsection (c));

the court shall order the conviction records described in subsection (c) expunged in accordance with section 6 of this chapter.

Expungement of a Criminal Level 6 Felony or D Felony Conviction under Indiana Expungement Law

Indiana Code 35-38-9-3 deals with expunging cases that resulted in a criminal Level 6 or D Felony conviction. This does not include cases that were were reduced pursuant to alternate misdemeanor sentencing. The actual statute is below, but there are several important points that are worth taking note of:

• Second, there is a waiting period of 8 years. The 8 years runs from the date of the conviction (not the date of arrest). This waiting period can be waived if the prosecutor consents in writing. Additionally, if a felony conviction is eligible for alternative misdemeanor sentencing, a petition can first be filed to convert the felony to a misdemeanor, after which the conviction becomes subject to the 5 year waiting requirement of Indiana Code 35-39-9-2.

• Third, the petitioner can not have any other convictions on their record during the previous 8 years. This includes convictions from other jurisdictions.

• Fourth, the petitioner can not have any charges currently pending.

• Fifth, the petitioner must have paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence.

• Sixth, this section has far more restrictions than a misdemeanor expungement conviction. For example, this section does not apply to a person convicted of a felony that resulted in bodily injury to another person, a person convicted of perjury or official misconduct, or an elected official convicted of an offense while serving the official’s term or as a candidate for public office. These restrictions can sometimes be avoided by first having the felony reduced to a misdemeanor and then requesting expungement. For example, I represented a person who had a D felony conviction for operating a vehicle while intoxicated causing bodily injury. Because the offense resulted in “bodily injury,” the individual was not technically eligible for expungement. In this situation we asked the Court to reduce the felony conviction to a misdemeanor, which the Court granted. We were then able to have the conviction expunged because the expungement petition became subject to the more lenient restrictions of Indiana Code 35-38-9-2.

• Lastly, there is a filing fee.

IC § 35-38-9-3 Expunging minor Class D and Level 6 felony convictions

(a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014). This section does not apply to a person if the person’s Class D felony or Level 6 felony was reduced to a Class A misdemeanor.

(b) This section does not apply to the following:

(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.

(2) A sex or violent offender (as defined in IC 11-8-8-5).

(3) A person convicted of a felony that resulted in bodily injury to another person.

(4) A person convicted of perjury (IC 35-44.1-2-1) or official misconduct (IC 35-44.1-1-1).

(5) A person convicted of an offense described in:

(A) IC 35-42-1;

(B) IC 35-42-3.5; or

(6) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

(c) Not earlier than eight (8) years after the date of conviction (unless the prosecutor consents in writing to an earlier period), the person convicted of the Class D felony or Level 6 felony may petition a court to expunge all conviction records, including records contained in:

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s Class D or Level 6 felony conviction.

(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and

the court shall order the conviction records described in subsection (c) expunged in accordance with section 6 of this chapter.

Expungement of a Major Felony Conviction under Indiana Expungement Law

As a general rule of thumb, I generally discourage people from seeking expungement of a major felony conviction. Most people who seek expungement are trying to prevent potential employers from seeing the conviction. Having a major felony case expunged will generally not prevent the public from seeing the conviction, it will merely add an asterisk to the record, explaining that the record has been expunged.

As a practical matter, if a background check shows:

Armed Robbery * Expunged

we all know how this looks in the real world. Additionally, Indiana Expungement Law gives discretion to the Judge, and states that the Court “may” grant the expungement, but is not required to. Additionally, expungement of some major felony convictions requires written consent of the prosecutor. While expungement of a major felony conviction will not result in sealing, it generally will result in restoration of firearms rights.

IC § 35-38-9-4 Expunging certain less serious felony convictions

(a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a felony who may not seek expungement of that felony under section 3 of this chapter.

(b) This section does not apply to the following:

(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.

(2) A sex or violent offender (as defined in IC 11-8-8-5).

(3) A person convicted of a felony that resulted in serious bodily injury to another person.

(4) A person convicted of official misconduct (IC 35-44.1-1-1).

(5) A person convicted of an offense described in:

(A) IC 35-42-1;

(B) IC 35-42-3.5; or

(6) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

(c) Not earlier than the later of eight (8) years from the date of conviction, or three (3) years from the completion of the person’s sentence, unless the prosecutor consents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including records contained in:

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services

to the petitioning person under a court order; that relate to the person’s felony conviction.

(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and

(4) the person has not been convicted of a crime within the previous eight (8) years (or within a shorter period agreed to by the prosecutor if the prosecutor has consented to a shorter period under subsection (c));
the court may order the conviction records described in subsection (c) marked as expunged in accordance with section 7 of this chapter.

A person whose records have been ordered marked as expunged under this section is considered to have had the person’s records expunged for all purposes other than the disposition of the records.

IC § 35-38-9-5 Expunging certain serious felony convictions; consent of prosecutor required

(a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies to a person convicted of a felony, including:

(1) an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and

(2) a person convicted of a felony that resulted in serious bodily injury to another person.

(b) This section does not apply to the following:

(1) A sex or violent offender (as defined in IC 11-8-8-5).

(2) A person convicted of official misconduct (IC 35-44.1-1-1).

(3) A person convicted of an offense described in:

(A) IC 35-42-1;

(B) IC 35-42-3.5; or

(4) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

(c) Not earlier than the later of ten (10) years from the date of conviction, or five (5) years from the completion of the person’s sentence, unless the prosecutor consents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including records contained in:

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;

that relate to the person’s felony conviction.

(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence;

(4) the person has not been convicted of a crime within the previous ten (10) years (or within a shorter period agreed to by the prosecutor if the prosecutor has consented to a shorter period under subsection (c)); and

(5) the prosecutor has consented in writing to the expungement of the person’s criminal records;

the court may order the conviction records described in subsection (c) marked as expunged in accordance with section 7 of this chapter. A person whose records have been ordered marked as expunged under this section is considered to have had the person’s records expunged for all purposes other than the disposition of the records.

How Do I Get an Early Expungement?

In order to begin your Indiana Criminal Record Expungement application, call 317-695-7700. Expungement of your criminal record under the Indiana Second Chance Expungement Law has become much easier in recent years. You can also email me at [email protected]. If you are emailing me, make sure to include your date of birth and spelling of your name as it appears on mycase.in.gov

1. Victim Restitution Paid in Full (if Ordered)

If the court has ordered you to pay restitution to a victim, this must be paid in full before you can be eligible for early expungement. Restitution is a form of compensation paid to the victim for any losses or damages they suffered as a result of the crime. To prove that you have paid restitution, you may need to provide:

Receipts or proof of payment.
A statement from the court or the victim confirming that restitution has been paid.2.

2. Fines and Fees Paid in Full

All court-imposed fines and fees must be paid in full before you can apply for early expungement. This includes any monetary penalties resulting from your conviction. Proof of payment can include:

Receipts or payment records.
A statement from the court indicating that all fines and fees have been satisfied.

3. Classes Completed (if Ordered)

If the court has mandated that you attend and complete certain classes as part of your sentence (such as anger management, substance abuse, or educational programs), you must provide proof of successful completion. This may include:

Certificates of completion.
Statements or letters from the program or class provider.
Attendance records.

4. Community Service Work Done (if Ordered)

If you were ordered to complete a certain number of community service hours, you must provide evidence that you have fulfilled this requirement. Proof of completion can include:

A letter or statement from the organization where you completed your community service.
Documentation showing the number of hours completed and the nature of the work performed.

5. Proof of All the Above

To support your application for early expungement, you will need to gather and organize all relevant documentation showing that you have met these requirements. This includes any receipts, certificates, statements, or letters mentioned above.

6. No New Convictions

It is best to have no new criminal convictions before applying for early expungement. Proof can include:

A criminal background check showing no new convictions.
Court records indicating no new criminal cases.

7. No Pending Criminal Cases

You should not have any pending criminal cases at the time of applying for early expungement. This means that you should not have any ongoing legal proceedings related to new or existing criminal charges. Proof can include:

A statement from the court indicating no pending cases.
A criminal background check showing no pending charges.

8. No Warrants

You must not have any outstanding criminal warrants for your arrest. This includes warrants for any new or unresolved charges. Proof can include:

A criminal background check showing no active warrants.
A statement from law enforcement or the court indicating no outstanding warrants.

9. Prosecutorial Consent in Writing

A critical aspect of early expungement in Indiana is the requirement of prosecutorial consent. This means the prosecutor who handled your original case must agree to the early expungement. This can be a significant hurdle, as prosecutors have discretion in granting or denying consent. Factors they may consider include the nature of the offense, your subsequent behavior, and the interests of public safety. Building a strong case demonstrating rehabilitation and low risk to the community is essential for obtaining prosecutorial consent. You need to obtain written consent from the prosecutor to request early expungement. This consent indicates that the prosecutor agrees with your request for early expungement based on your demonstrated rehabilitation and fulfillment of legal requirements. A written statement or letter from the prosecutor’s office granting consent is sufficient.

Frequently Asked Questions about Indiana Early Expungement

Question: Should I file for expungement while I am still on probation?

Answer: No. You should not file while on probation.

Question: What if I have more than one conviction?

Answer: The prosecutor in each county where you are seeking early expungement must consent to early expungement.

Question:Do I have to file petitions one at a time?

Answer: All requests for early expungement should be made at the same time, as expungement can generally only be done once per lifetime.

Question: Will the conviction still show up when an employer does a background check on me?

Answer: Most private (non-government entities) will not be able to see the conviction.

Question: I think I got convicted in another county or state. What do I do?

Answer: You will need to contact the jurisdiction where you were convicted.

Question: I don’t have much money. Can I request early expungement anyway?

Answer: Yes, there is no fee to request prosecutorial consent for early expungement if you are representing yourself.

Question: Do I need to contact Probation?

Answer: Having proof of having paid your probation fees may be helpful.

Question: Will a Public Defender represent me?

Answer: No. There is no right to free counsel in expungement cases.

Question: Can I represent myself in expungement?

Answer: Yes, you are legally allowed to represent yourself and no one can force you not to.

Question: I was ordered to do community service work, but I can’t find proof I did it. What will happen?

Answer: Try to get a copy of your completion records from your community service provider; in the absence of proof, Probation will have to recommend denying your petition. The judge may wish to discuss the matter with you.

Question: What if the prosecutor does not consent to early expungement?

Answer: You can still apply for regular expungement once the timeline has passed. Asking the prosecutor if you can pursue early expungement does not count as filing a petition for expungement.

What is Early Expungement?

Early expungement refers to the process of sealing or expunging your criminal record before the standard waiting period has elapsed. This can be particularly beneficial for those who have demonstrated significant rehabilitation and wish to remove the barriers that a criminal record can create.

Question:

Answer: What are the benefits of Early Expungement?

Improved Employment Opportunities: Many employers conduct background checks, and a criminal record can be a significant obstacle. Early expungement can help you present a clean slate to potential employers.
Housing and Education: A criminal record can also affect your ability to secure housing and educational opportunities. Expunging your record can open doors that were previously closed.
Personal Peace of Mind: Clearing your record can provide a sense of closure and allow you to move forward without the constant reminder of past mistakes.
Access to Education: Some educational institutions may deny admission to applicants with criminal records. Expungement can help you pursue your educational goals.

Gun Rights & Expungement in Indiana

Does Indiana expungement restore gun rights for convicted felons?

Expungement of a crime of domestic violence under section 2 of this chapter does not restore a person’s right to possess a firearm. The right of a person convicted of a crime of domestic violence to possess a firearm may be restored only in accordance with IC 35-47-4-7. When the expungement law was originally passed, there was a great deal of debate as to whether the Indiana Expungement Law conflicted with the Federal Gun Control Act. The Indiana AG was asked to issue an advisory opinion on the following question: “Does an expungement under the Indiana Code restore the rights of an individual to purchase or possess a firearm under the 1968 Gun Control Act [18 U.S.C. § § 921 et seq.]?” On December 10, 2019, the Indiana AG explained: “Yes, because an [expungement] restores civil rights with no firearm restrictions. Indiana Code § 35-38-9-10(c) specifically provides that an [expungement] ‘fully’ restores the three core civil rights of a person and allows that person to be able to qualify as a ‘proper person’ to obtain a license to carry a firearm without restriction. Because the Gun Control Act disqualifies convictions for which civil rights have been fully restored and no firearm restriction remains, an [expungement] of a felony conviction in Indiana renders a person capable of purchasing and possessing a firearm under federal law.”

Indiana Expungement

In order to begin your Indiana Criminal Record Expungement application, call 317-695-7700. The Indiana Second Chance Expungement Law generally requires that misdemeanor convictions must be at least 5 years old and level 6 and D Felony convictions must be at least 8 years old. DCS cases must generally be 180 days old to be expunged. Eviction cases have no waiting period after the case is dismissed. In Indiana, to file for expungement, you must meet three key conditions: no active criminal charges, all court-related costs, fines, fees, and restitution fully paid, and the required waiting periods satisfied.

Additional Statutes Relating to Expungement under Indiana Expungement Law

IC § 35-38-5-5 Petition to limit access to limited criminal history of person discharged from probation, imprisonment, or parole

(a) This section does not apply to a request to a law enforcement agency for the release or inspection of a limited criminal history to a noncriminal justice organization or individual whenever the subject of the request is described in IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).

(b) A person may petition the state police department to limit access to the person’s limited criminal history to criminal justice agencies if more than fifteen (15) years have elapsed since the date the person was discharged from probation, imprisonment, or parole (whichever is later) for the last conviction for a crime.

(c) When a petition is filed under subsection (b), the state police department shall not release limited criminal history to noncriminal justice agencies under IC 10-13-3-27.

IC 35-38-9-0.5 “Collateral action”

Sec. 0.5. As used in this chapter, “collateral action” means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. The term includes a proceeding or action concerning a seizure, a civil forfeiture, and a petition for specialized driving privileges.

“Collateral action” refers to a separate case that is closely related to the criminal case and is generally based on the same facts.

IC 35-38-9-0.6 Effect of chapter; supplemental order of expungement due to change in laws

Sec. 0.6. (a) This chapter does not require any change or alteration in the following:

(1) An internal record made by a:

(A) law enforcement agency; or

(B) public defender agency;

that is not intended for release to the public.

Police departments and public defender offices who have private records are not required to make changes to their own records.

(2) A nonpublic record that relates to a diversion or deferral program.

Private records relating to diversions are not affected by expungement.

(3) A disciplinary record or proceeding as it relates to a licensing, certification, or public entity.

Expungement does not affect disciplinary hearings.

(b) Except as provided in subsection (c), the changes in this chapter made in SEA 235-2019 as enacted in the 2019 session of the general assembly apply only to an expungement order granted after June 30, 2019.

Senate enrolled act 235-2019 clarified what infromation was required to be expunged and/or sealed. This applies to all expungements after June 30, 2019.

(c) A person whose petition for expungement was granted before July 1, 2019, may file a petition for a supplemental order of expungement under section 9 of this chapter to obtain the benefit of changes in SEA 235-2019 as enacted in the 2019 session of the general assembly, if applicable.As added by P.L.219-2019, SEC.6.

A person whose expungement was granted prior to July 1, 2019 can petition for an additional an updated order to comply with the Senate Enrolled Act 235-2019. (For most people this is not neccesary).

IC 35-38-9-1 Expunging arrest records

Sec. 1. (a) This section applies only to a person who has been arrested, charged with an offense, or alleged to be a delinquent child, if:

(1) the arrest, criminal charge, or juvenile delinquency allegation:

(A) did not result in a conviction or juvenile adjudication, even if the arrest, criminal charge, or juvenile delinquency allegation resulted in an adjudication for an infraction; or

(B) resulted in a conviction or juvenile adjudication and the conviction or adjudication was expunged under sections 2 through 5 of this chapter, or was later vacated; and

(2) the person is not currently participating in a pretrial diversion program, unless the prosecutor authorizes the person to petition for an expungement under this section.

Section 1 of the Indiana Expungement law applies to people who were found not guilty or had their case dismissed.

(b) This subsection applies to a person charged with an offense or alleged to be a delinquent child after June 30, 2022. If:

(1) a court dismisses all:

(A) criminal charges; or

(B) juvenile delinquency allegations;

filed and pending against a person;

(2) one (1) year has passed since juvenile delinquency allegations were filed against a child, and:

(A) there is no disposition or order of waiver; and

(B) the state is not actively prosecuting the allegations; or

(3) in a:

(A) criminal trial a defendant is acquitted of all charges, or the defendant’s conviction is later vacated; or

(B) juvenile proceeding the court finds all allegations not true, or the juvenile’s true finding is later vacated;

For all judgements after June 30, 2022, expungement is automatic for all dismissed cases and all cases where the defendant is found not guilty.

(1) a person is arrested;

(2) one (1) year has elapsed since the date of the arrest; and

(3) no charges are pending against the person;

the person may petition a judge exercising criminal jurisdiction in the county (or a designated judge, if applicable) for expungement, setting forth these facts. Upon receipt of the petition, the judge shall immediately order the expungement of all records related to the arrest. Expungement under this subsection does not shorten the statute of limitations. A prosecutor may still file a charge under this subsection.

If someome is arrested after June 30, 2022 and no criminal charges are filed, expungement can be filed one year after the date of the arrest but expungement is not automatic.

For all cases prior to June 30, 2022 expungement is not automatic. Expungement may be filed one year after the date of the arrest if the case was dismissed or resulted in a not guilty verdict.

(1) the date of the arrest, criminal charges, or juvenile delinquency allegation, and conviction (if applicable);

(2) the county in which the arrest occurred, the county in which the information or indictment was filed, and the county in which the juvenile delinquency allegation was filed, if applicable;

(3) the law enforcement agency employing the arresting officer, if known;

(4) the court in which the criminal charges or juvenile delinquency allegation was filed, if applicable;

(5) any other known identifying information, such as:

(A) the name of the arresting officer;

(B) case number or court cause number;

(D) the petitioner’s driver’s license number; and

(E) a list of each criminal charge and its disposition, if applicable;

(6) the date of the petitioner’s birth; and

(7) the petitioner’s Social Security number.

This subsection explains what must be contained in the petition. Additionally, remember that all filings must also comply with the Indian Rules of Civil Procedure.

A person who files a petition under this section is not required to pay a filing fee.

There is no filing fee for dismissed and not guilty cases.

(f) The court shall serve a copy of the petition on the prosecutor.

For criminal cases that are dismissed or not guilty, the Court is responsible for service (remember that if you are asking to expunge a conviction you are responsible for service).

(g) Upon receipt of a petition for expungement, the court:

(2) shall grant the petition unless:

(A) the conditions described in subsection (a) have not been met; or

(B) criminal charges are pending against the person.

For cases that resulted in a not guilty verdict or a dismissal, the Court can grant the petition without a hearing if the person is eligible.

(h) Whenever the petition of a person under this section is granted, or if an expungement order is issued without a petition under subsection (b):

(3) the records of:

(A) the sentencing court;

(B) a court that conducted a collateral action;

(D) a court of appeals; and

(E) the supreme court;

concerning the person shall be redacted or permanently sealed from public access; and

(B) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.

The supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner’s name.

When expungement is granted for a case where there was no conviction, the records are also sealed (meaning that members of the public can not obtain the information from governement agencies). Remember that this does not apply to non-goverment agencies. For example, if someone is arrested for drunk driving and their is a news story about the arrest, having the arrest expunged and sealed would prevent the government from disclosing information about the arrest. However, it would not require the news article to be taken down.

(i) If the court issues an order granting a petition for expungement under this section, or issues an order for expungement without a petition under subsection (b), the order must include the information described in subsection (e).

When expungement is granted for a case where there was no conviction, the order must explain that sealing also applies.

If somone has a record expunged and later brings a civil suit relating to the arrest, there is a possibility that the expunged records can be used.

(k) Records expunged or sealed under this section must be removed or sealed in accordance with this section, but may not be deleted or destroyed. Records expunged or sealed under this section remain available to the court and criminal justice agencies as needed to carry out their official duties.

The records are expunged and sealed. After government records are expunged and sealed they are not available to the public, but they are not destroyed.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.7; P.L.142-2015, SEC.1; P.L.219-2019, SEC.7; P.L.14-2022, SEC.1; P.L.185-2023, SEC.5.

IC 35-38-9-2 Expunging Misdemeanor Convictions

Sec. 2. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a misdemeanor, including a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) reduced to a misdemeanor.

This section applies to criminal misdemeanors and criminal felonies that were reduced to misdemeanors.

(b) This section does not apply to the following:

(1) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

This section does not apply to people who have two separate criminal felony convictions that involved the unlawful use of a deadly weapon.

(2) A sex or violent offender (as defined in IC 11-8-8-5).

This section does not apply to people who have criminal convictions for:

Rape (IC 35-42-4-1).

Criminal deviate conduct (IC 35-42-4-2)

Child molesting (IC 35-42-4-3).

Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).

Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).

Child solicitation (IC 35-42-4-6).

Child seduction (IC 35-42-4-7).

Sexual misconduct with a minor (IC 35-42-4-9) as a Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a crime committed after June 30, 2014), unless certain statutory exceptions apply.

Incest (IC 35-46-1-3).

Sexual battery (IC 35-42-4-8).

Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim’s parent or guardian.

Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim’s parent or guardian.

Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).

Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).

Promotion of human sexual trafficking under IC 35-42-3.5-1.1.

Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).

Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).

Child sexual trafficking (IC 35-42-3.5-1.3).

Human trafficking under IC 35-42-3.5-1.4 if the victim is less than eighteen (18) years of age.

Murder (IC 35-42-1-1).

Voluntary manslaughter (IC 35-42-1-3).

Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).

Individuals who are required to register as a sex or violent offender in any jurisdiction

Juneviles who are over 14 and meet certain statutory requirements.

(c) Not earlier than five (5) years after the date of conviction (unless the prosecutor consents in writing to an earlier period) for the misdemeanor or the felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7, the person convicted of the misdemeanor or the felony reduced to a misdemeanor may petition a court to expunge all conviction records, including records contained in:

A petition to expunge a criminal misdemeanor conviction can be filed 5 years after the date of the conviction or earlier if the prosecutor consents in writing.

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;

that relate to the person’s misdemeanor conviction, including records of a collateral action.

After government records are expunged and sealed they are not available to the public, but they are not destroyed.

(d) A person who files a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, shall file the petition in a circuit or superior court in the county of conviction.

The petition is filed in the county where the conviction occurred.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and

the court shall order the conviction records described in subsection (c), including any records relating to the conviction and any records concerning a collateral action, expunged in accordance with section 6 of this chapter.

For a criminal misdemeanor conviction, the Court MUST grant the petition if all requirements are met. The records will be expunged and sealed. After government records are expunged and sealed they are not available to the public, but they are not destroyed.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.8; P.L.142-2015, SEC.2; P.L.95-2017, SEC.2; P.L.219-2019, SEC.8; P.L.55-2020, SEC.9.

IC 35-38-9-3 Expunging minor Class D and Level 6 felony convictions

Sec. 3. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014). This section does not apply to a person if the person’s Class D felony or Level 6 felony was reduced to a Class A misdemeanor.

This section applies to criminal D Felony and Level 6 felony convictions that are not specifically excluded, such as convictions resulting in injury to another person.

(b) This section does not apply to the following:

(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.

This section does not apply to elected officials who were convicted while the were serving in public office or running for public office.

(2) A sex or violent offender (as defined in IC 11-8-8-5).

This section does not apply to people who have convictions for:

Rape (IC 35-42-4-1).

Criminal deviate conduct (IC 35-42-4-2)

Child molesting (IC 35-42-4-3).

Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).

Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).

Child solicitation (IC 35-42-4-6).

Child seduction (IC 35-42-4-7).

Incest (IC 35-46-1-3).

Sexual battery (IC 35-42-4-8).

Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim’s parent or guardian.

Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim’s parent or guardian.

Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).

Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).

Promotion of human sexual trafficking under IC 35-42-3.5-1.1.

Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).

Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).

Child sexual trafficking (IC 35-42-3.5-1.3).

Human trafficking under IC 35-42-3.5-1.4 if the victim is less than eighteen (18) years of age.

Murder (IC 35-42-1-1).

Voluntary manslaughter (IC 35-42-1-3).

Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).

Individuals who are required to register as a sex or violent offender in any jurisdiction

Juneviles who are over 14 and meet certain statutory requirements.

(3) A person convicted of a felony that resulted in bodily injury to another person.

This section does not apply to criminal convictions where there was injury to another person. (Remeber that Indiana Law includes “pain” as an injury.

(4) A person convicted of perjury (IC 35-44.1-2-1) or official misconduct (IC 35-44.1-1-1).

This section does not apply to convictions for perjury or official misconduct.

(5) A person convicted of an offense described in:

(A) IC 35-42-1;

This section does not apply to somone who has a conviction for killing another person.

(B) IC 35-42-3.5; or

This section does not apply to somone who has a conviction for human trafficking or sexual trafficking.

This section does not apply to someone who has a conviction for rape, child molesting, child exploitation, possession of child pornography, vicarious sexual gratification, sexual conduct in presence of a minor, child solicitation, child seduction, sexual battery, sexual misconduct with a minor, unlawful employment by a sexual predator, sex offender residency restrictions, sex offender internet offense, sex offender unmanned aerial vehicle offense, inappropriate communication with a child, or unlawful entry of school property by a serious sex offender.

(6) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

This section does not apply to people who have two separate felony convictions that involved the unlawful use of a deadly weapon.

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;

that relate to the person’s Class D or Level 6 felony conviction, including records of a collateral action.

A petition to expunge a class D felony or level 6 felony (under this section) conviction can be filed 8 years after the date of the conviction (or earlier if the prosecutor consents in writing).

A petition for expungement must be filed in the county of conviction.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and

(4) the person has not been convicted of a felony or misdemeanor within the previous eight (8) years (or within a shorter period agreed to by the prosecutor if the prosecutor has consented to a shorter period under subsection (c));

For a D felony or level 6 felony conviction under this section, the Court MUST grant the petition if all requirements are met.

The records will be expunged and sealed. After government records are expunged and sealed they are not available to the public, but they are not destroyed.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.9; P.L.142-2015, SEC.3; P.L.219-2019, SEC.9; P.L.52-2021, SEC.3.

IC 35-38-9-4 Expunging certain less serious felony convictions

Sec. 4. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies only to a person convicted of a felony who may not seek expungement of that felony under section 3 of this chapter.

This section applies to D Felony and Level 6 felony convictions that are not eligible for expungement under section 3 (such as convictions that resulted in injury to another person).

(b) This section does not apply to the following:

(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office.

This section does not apply to elected officials who were convicted while the were serving in public office or running for public office.

(2) A sex or violent offender (as defined in IC 11-8-8-5).

This section does not apply to people who have convictions for:

Rape (IC 35-42-4-1).

Criminal deviate conduct (IC 35-42-4-2)

Child molesting (IC 35-42-4-3).

Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).

Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).

Child solicitation (IC 35-42-4-6).

Child seduction (IC 35-42-4-7).

Incest (IC 35-46-1-3).

Sexual battery (IC 35-42-4-8).

Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim’s parent or guardian.

Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim’s parent or guardian.

Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).

Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).

Promotion of human sexual trafficking under IC 35-42-3.5-1.1.

Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).

Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).

Child sexual trafficking (IC 35-42-3.5-1.3).

Human trafficking under IC 35-42-3.5-1.4 if the victim is less than eighteen (18) years of age.

Murder (IC 35-42-1-1).

Voluntary manslaughter (IC 35-42-1-3).

Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).

Individuals who are required to register as a sex or violent offender in any jurisdiction

Juneviles who are over 14 and meet certain statutory requirements.

(3) A person convicted of a felony that resulted in serious bodily injury to another person.

This section does not apply to a felony conivction that resulted in serious bodily injury to another. Under IC 35-31.5-2-292, “Serious Bodily Injury” means bodily injury that creates a substantial risk of death; or that causes serious permanent disfigurement, unconsciousness, extreme pain, permanent or protracted loss or impairment of the function of a bodily member or organ, loss of a fetus.

(4) A person convicted of a felony that resulted in death to another person.

This section does not apply to convictions that resulted in a death.

(5) A person convicted of official misconduct (IC 35-44.1-1-1).

This section does not apply to convictions for official misconduct.

(6) A person convicted of an offense described in:

(A) IC 35-42-1;

(B) IC 35-42-3.5; or

This section does not apply to convictions for killing another person.

(7) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

This section does not apply to people who have two separate felony convictions that involved the unlawful use of a deadly weapon.

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;

that relate to the person’s felony conviction, including records of a collateral action.

A petition to expunge a class D felony or level 6 felony (under this section) conviction can be filed 8 years after the date of the conviction (or earlier if the prosecutor consents in writing).

A petition for expungement must be filed in the county of conviction.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence; and

the court may order the conviction records described in subsection (c), including any records relating to the conviction and any records concerning a collateral action, marked as expunged in accordance with section 7 of this chapter. A person whose records have been ordered marked as expunged under this section is considered to have had the person’s records expunged for all purposes other than the disposition of the records.

For a D felony or level 6 felony conviction under this section, the Court CAN grant the petition if all requirements are met, but the Court is NOT required to grant the petition.

The records will be expunged but are NOT sealed. The public will still be able to view the records.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.10; P.L.142-2015, SEC.4; P.L.219-2019, SEC.10; P.L.52-2021, SEC.4.

IC 35-38-9-5 Expunging certain serious felony convictions; consent of prosecutor required

Sec. 5. (a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies to a person convicted of a felony, including:

This section applies to convictions that are NOT eligible for expungement under the other parts of the expungement law such as public officials and convictions that involve serious bodily injury.

(1) an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and

(2) a person convicted of a felony that resulted in serious bodily injury to another person.

(b) This section does not apply to the following:

(1) A sex or violent offender (as defined in IC 11-8-8-5).

This section does not apply to people who have convictions for:

Rape (IC 35-42-4-1).

Criminal deviate conduct (IC 35-42-4-2)

Child molesting (IC 35-42-4-3).

Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).

Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).

Child solicitation (IC 35-42-4-6).

Child seduction (IC 35-42-4-7).

Incest (IC 35-46-1-3).

Sexual battery (IC 35-42-4-8).

Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim’s parent or guardian.

Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim’s parent or guardian.

Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).

Promoting prostitution (IC 35-45-4-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 4 felony (for a crime committed after June 30, 2014).

Promotion of human sexual trafficking under IC 35-42-3.5-1.1.

Promotion of child sexual trafficking under IC 35-42-3.5-1.2(a).

Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).

Child sexual trafficking (IC 35-42-3.5-1.3).

Human trafficking under IC 35-42-3.5-1.4 if the victim is less than eighteen (18) years of age.

Murder (IC 35-42-1-1).

Voluntary manslaughter (IC 35-42-1-3).

Sexual misconduct by a service provider with a detained or supervised child (IC 35-44.1-3-10(c)).

Individuals who are required to register as a sex or violent offender in any jurisdiction

Juneviles who are over 14 and meet certain statutory requirements.

(2) A person convicted of official misconduct (IC 35-44.1-1-1).

This section does not apply to a person who has a conviction for official misconduct.

(3) A person convicted of an offense described in:

(A) IC 35-42-1;

(B) IC 35-42-3.5; or

This section does not apply to convictions for killing another person.

(4) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

This section does not apply to people who have two separate felony convictions that involved the unlawful use of a deadly weapon.

(5) A person convicted of a felony that resulted in death to another person.

This section does not apply to convictions that resulted in the death of another person.

A petition to expunge a serous felony coniction can be filed 10 years after the date of conivciton or 5 years after completion of the sentence (or earlier if the prosecutor consents in writing.

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;

that relate to the person’s felony conviction, including records of a collateral action.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence;

(4) the person has not been convicted of a felony or misdemeanor within the previous ten (10) years (or within a shorter period agreed to by the prosecutor if the prosecutor has consented to a shorter period under subsection (c)); and

(5) the prosecutor has consented in writing to the expungement of the person’s criminal records;

A petition for expungement under this section requires the prosecutor to agree in writing that the person can seek expunge. Under this section, if the prosecutor does not give written consent, the petition can not be filed.

The records will be expunged but are NOT sealed. The public will still be able to view the records.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.11; P.L.142-2015, SEC.5; P.L.219-2019, SEC.11; P.L.52-2021, SEC.5.

IC 35-38-9-6 Effect of expunging misdemeanor and minor Class D and Level 6 felony convictions

Sec. 6. (a) If the court orders conviction records, including any records relating to the conviction and any records concerning a collateral action, expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to the specific records expunged by the court:

(1) Order:

(A) the department of correction;

(B) the bureau of motor vehicles; and

(i) law enforcement agency; and

(ii) other person;

who incarcerated, prosecuted, provided treatment for, or provided other services for the person under an order of the court;

to prohibit the release of the person’s records or information in the person’s records to anyone without a court order, other than a law enforcement officer acting in the course of the officer’s official duty.

(2) Order the central repository for criminal history information maintained by the state police department to seal the person’s expunged conviction records, including information related to:

(A) an arrest or offense:

(i) in which no conviction was entered; and

(ii) that was committed as part of the same episode of criminal conduct as the case ordered expunged; and

(B) any other references to any matters related to the case ordered expunged, including in a collateral action.

This subdivision does not require the state police department to seal any record the state police department does not have legal authority to seal.

(3) Records sealed under subdivision (2) may be disclosed only to:

(A) a prosecutor, if:

(i) authorized by a court order; and

(ii) needed to carry out the official duties of the prosecutor;

(B) the defense, if:

(i) authorized by a court order; and

(ii) needed to carry out the professional duties of the defense;

(i) authorized by a court order; and

(ii) necessary to prepare a presentence report;

(D) the Federal Bureau of Investigation and the Department of Homeland Security, if disclosure is required to comply with an agreement relating to the sharing of criminal history information;

(E) the:

(i) supreme court;

(ii) members of the state board of law examiners;

(iii) executive director of the state board of law examiners; and

(iv) employees of the state board of law examiners, in accordance with rules adopted by the state board of law examiners;

for the purpose of determining whether an applicant possesses the necessary good moral character for admission to the bar;

(F) a person required to access expunged records to comply with the Secure and Fair Enforcement for Mortgage Licensing Act (12 U.S.C. 5101 et seq.) or regulations adopted under the Secure and Fair Enforcement for Mortgage Licensing Act;

(G) the bureau of motor vehicles, the Federal Motor Carrier Administration, and the Commercial Drivers License Information System (CDLIS), if disclosure is required to comply with federal law relating to reporting a conviction for a violation of a traffic control law; and

(H) a school (as defined in IC 22-4-2-37), for the purpose of determining whether to:

(i) employ a person seeking employment, including volunteer employment, with the school;

(ii) continue a person’s employment, including volunteer employment at the school; or

(iii) grant access or admission to the school to an applicant contractor or a contractor;

if the person, contractor, or applicant contractor is likely to have contact with a student enrolled in the school, regardless of the age of the student.

(4) Notify the clerk of the supreme court to seal any records in the clerk’s possession that relate to the conviction, including any records concerning a collateral action.

A probation department may provide an unredacted version of a presentence report disclosed under subdivision (3)(C) to any person authorized by law to receive a presentence report.

(b) Except as provided in subsection (c), if a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, is granted under sections 2 through 3 of this chapter, the records of:

(1) the sentencing court;

(2) a court that conducted a collateral action;

(3) a juvenile court;

(4) a court of appeals; and

(5) the supreme court;

concerning the person shall be permanently sealed. However, a petition for expungement granted under sections 2 through 3 of this chapter does not affect an existing or pending driver’s license suspension.

(c) If a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, is granted under sections 2 through 3 of this chapter with respect to the records of a person who is named as an appellant or an appellee in an opinion or memorandum decision by the supreme court or the court of appeals, or who is identified in a collateral action, the court shall:

(1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the petitioner’s name (in the same manner that opinions involving juveniles are redacted); and

(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.

The supreme court and court of appeals are not required to destroy or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner’s name.

(d) Notwithstanding subsection (b), a prosecutor may submit a written application to a court that granted an expungement petition under this chapter to gain access to any records that were permanently sealed under subsection (b), if the records are relevant in a new prosecution of the person. If a prosecutor who submits a written application under this subsection shows that the records are relevant for a new prosecution of the person, the court that granted the expungement petition shall:

(1) order the records to be unsealed; and

(2) allow the prosecutor who submitted the written application to have access to the records.

If a court orders records to be unsealed under this subsection, the court shall order the records to be permanently resealed at the earliest possible time after the reasons for unsealing the records cease to exist. However, if the records are admitted as evidence against the person in a new prosecution that results in the person’s conviction, or are used to enhance a sentence imposed on the person in a new prosecution, the court is not required to reseal the records.

(e) If a person whose conviction records, including any records relating to the conviction and any records concerning a collateral action, are expunged under sections 2 through 5 of this chapter is required to register as a sex offender based on the commission of a felony which has been expunged:

(1) the expungement does not affect the operation of the sex offender registry web site, any person’s ability to access the person’s records, records required to be maintained concerning sex or violent offenders, or any registration requirement imposed on the person; and

(2) the expunged conviction records must be clearly marked as expunged on the sex offender registry web site.

(f) Expungement of a crime of domestic violence under section 2 of this chapter does not restore a person’s right to possess a firearm. The right of a person convicted of a crime of domestic violence to possess a firearm may be restored only in accordance with IC 35-47-4-7.

(g) If a court issues an order granting a petition for expungement under sections 2 through 3 of this chapter, the court shall also order any related records described in section 1(h) of this chapter sealed or redacted in the manner described in section 1 of this chapter, unless the records described in section 1(h) of this chapter have been ordered sealed and redacted under this section.

(h) If the court issues an order granting a petition for expungement under sections 2 through 3 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.

(i) If the court issues an order granting a petition for expungement under sections 2 through 5 of this chapter, the court shall include in its order the information described in section 10(c) of this chapter.

Expungement for cases that resulted in conviction under section 4 and 5 (such as major felony convictions and felony with injury convictions) will result in expungement but NOT sealing. If the individual has a CDL, driving cases will not be expunged from the driving record. If an individual has a domestic conviction, firearm rights are not restored unless a separate petition to restore firearms rights is granted. No records are destroyed and will be visible to the public. On a background check, the case will still appear but will have an asterisk next to the case explaining that the case has been expunged.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.12; P.L.142-2015, SEC.6; P.L.198-2016, SEC.671; P.L.219-2019, SEC.12; P.L.14-2022, SEC.2; P.L.185-2023, SEC.6.

IC 35-38-9-7 Effect of expunging serious and less serious felony convictions

Sec. 7. (a) This section applies only to a person who has filed a petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged.

(b) The court records and other public records relating to the arrest, conviction, or sentence of a person whose conviction records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. However, the court shall order that the records be clearly and visibly marked or identified as being expunged. A petition for expungement granted under sections 4 through 5 of this chapter does not affect an existing or pending driver’s license suspension.

(c) The state police department, the bureau of motor vehicles, and any other law enforcement agency in possession of records that relate to the conviction, including any records concerning a collateral action, ordered to be marked as expunged shall add an entry to the person’s record of arrest, conviction, or sentence in the criminal history data base stating that the record is marked as expunged. Nothing in this chapter prevents the bureau of motor vehicles from reporting information about a conviction for a violation of a traffic control law to the Commercial Drivers License Information System (CDLIS), in accordance with federal law, even if the conviction has been expunged under section 4 or 5 of this chapter.

(d) If the court issues an order granting a petition for expungement under section 4 or 5 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.

(e) If a court issues an order granting a petition for expungement under sections 4 through 5 of this chapter, the court shall also order any related records described in section 1(h) of this chapter marked as expunged, unless the records described in section 1(h) of this chapter have been ordered marked as expunged under this section.

Expungement for cases that resulted in acquital, misdemanor conviciton under section 2, or level 6 and d felony conviction under section 3 will result in expungement and sealing. However, if the individual has a CDL, driving cases will not be removed from the driving record. If an individual has a domestic conviction, firearms rights are not restored unless a seperate petition to restore firearms rights is granted. Sealed records are generally not available to the public but such records are not destroyed.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.13; P.L.142-2015, SEC.7; P.L.198-2016, SEC.672; P.L.219-2019, SEC.13; P.L.14-2022, SEC.3.

IC 35-38-9-8 Petition to expunge conviction records

Sec. 8. (a) This section applies only to a petition to expunge conviction records, including any records relating to the conviction and any records concerning a collateral action, under sections 2 through 5 of this chapter. This section does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile delinquency allegation under section 1 of this chapter.

The following applies to petitions to expunge convictions (not acquittals).

(b) Any person may seek an expungement under sections 2 through 5 of this chapter by filing a verified petition for expungement. The petition must include the following:

Expungement petitions must be verified in compliance with the Indiana Rules of Trail Procedure.

(1) The petitioner’s full name and all other legal names or aliases by which the petitioner is or has been known.

Expungement petitions must contain all names that an individual has used (even if the names were mis-spellings in the court or jail records).

(2) The petitioner’s date of birth.

Expungement petitions must contain the date of birth (but not on the redacted version of the petition).

(3) The petitioner’s addresses from the date of the offense to the date of the petition.

Expungement petitions must addressed from the date of the offense to now. petition).

(4) The case number or court cause number, if available.

Expungement petitions must the case number.

(5) The petitioner shall affirm that no criminal investigation or charges are pending against the petitioner.

Expungement petitions must contain an affirmation by the petitioner that there are no pending criminal cases or criminal investigations (this does not apply to civil matters).

(6) The petitioner shall affirm that the petitioner has not committed another felony or misdemeanor within the period required for expungement.

Expungement petitions must contain an affirmation by the petitioner that he meets the requisite timelines.

(7) The petitioner shall list all convictions, all collateral actions, the cause number of each conviction, if known, the date of the conviction, and any appeals from the conviction and the date any appellate opinion was handed down, if applicable.

Expungement petitions must contain an all convictions and related actions, as well as the case number, the date of conviction, and relevant appellate information.

(8) The petitioner shall include:

(A) the petitioner’s Social Security number;

Expungement petitions must contain the social security number (but only on the confidential version of the petition).

(B) the petitioner’s driver’s license number;

Expungement petitions must contain the drivers license number number (but only on the confidential version of the petition).

Expungement petitions must contain the date of arrest (use the date listed on mycase.in.gov if there was a summons).

(D) the date on which the petitioner was convicted.

Expungement petitions must contain the date of conviction.

(9) The petitioner shall affirm that the required period has elapsed or attach a copy of the prosecutor’s written consent to a shorter period.

Expungement petitions must contain an affirmation statement by petitioner that petitioner meets the time requirements or must contain a written copy of the prosecutorial consent to file early.

(10) The petitioner shall describe any other petitions that the petitioner has filed under this chapter.

Expungement petitions must contain a description of all other expungement petitions that have been filed.

(11) For a petition filed under section 5 of this chapter, the petitioner shall attach a copy of the prosecutor’s written consent.

Expungements that require prosecutorial written consent must contain the prosecutorial written consent.

Expungements petitions may cntain any additional infromation that petitioner wishes to provide to the Court, such as letters of recommendation, school transcripts, proof of employement, etc…

(d) A person who files a petition under this section is required to pay the filing fee required in civil cases. The court may reduce or waive this fee if the person is indigent.

Expungements petitions require payment of the filing fee.

(e) The petitioner shall serve a copy of the petition upon the prosecutor in accordance with the Indiana Rules of Trial Procedure.

Petitioner is responsible for service upon the State by the prosecutor.

(f) The prosecutor shall inform the victim of the victim’s rights under IC 35-40-6 by contacting the victim at the victim’s last known address. However, if a court has no discretion in granting an expungement petition under this chapter, the prosecutor is not required to inform the victim of the victim’s rights under this subsection.

The prosecutor is responsible for attempting to contact the victim if the Court has discretion to deny the petition.

(g) The prosecutor shall reply to the petition not later than thirty (30) days after receipt. If the prosecutor fails to timely reply to the petition:

The prosecutor has 30 days to file a reply (but can request a 30 day extension under the Indiana Rules of Civil Procedure).

(1) the prosecutor has waived any objection to the petition; and

If the prosecutor fails to reply the prosecutor has waived any objection.

(2) the court shall proceed to consider the petition under section 9 of this chapter.

If the prosecutor fails to reply the Court shall move forward with the petition.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.14; P.L.142-2015, SEC.8; P.L.219-2019, SEC.14; P.L.52-2021, SEC.6.

IC 35-38-9-8.5 Expungement of certain offenses punishable by an indeterminate sentence

Sec. 8.5. (a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50.

(b) If the offense for which the person was convicted is a misdemeanor at the time the person files the petition for expungement, the person may file the petition for expungement under section 2 of this chapter.

(1) is a Level 6 felony at the time the person files the petition for expungement; and

(2) is not substantially similar to an offense described in section 3(b) of this chapter;

the person may file the petition under section 3 of this chapter.

(d) If:

(1) the person to whom this chapter applies may not seek expungement under section 3 of this chapter; and

(2) the offense the person seeks to expunge is not substantially similar to an offense described in section 4(b) of this chapter;

the person may file the petition under section 4 of this chapter.

(e) If the offense for which the person was convicted:

(1) is a felony at the time of filing the petition, including a felony described in section 5(a) of this chapter; and

(2) is not substantially similar to an offense described in section 5(b) of this chapter;

the person may file the petition under section 5 of this chapter.

As added by P.L.142-2015, SEC.9.

It is very unlikely that this section will apply to most people. This section applies to very old criminal convictions prior to the adoption of modern criminal law (where sentencing ranges are pre-defined). If there is such a conviction, it is treated as what it would be substantially similar to today. If there is nothing that it would be substantially similar to today, then it is expunged under section 5.

IC 35-38-9-9 Duties of court in ruling on expungement petitions

Sec. 9. (a) If the prosecutor does not object, or has waived objection to the petition under section 8 of this chapter, the court may grant the petition for expungement without a hearing.

The court can grant an expungement petition without a hearing when the prosecutor does not object or when the prosecutor fails to file a timely response. The Court is not required to waive the hearing.

(b) The court may summarily deny a petition, if the petition does not meet the requirements of section 8 of this chapter, or if the statements contained in the petition demonstrate that the petitioner is not entitled to relief.

The court can deny an expungement petition without a hearing if there are procedural defects or if the petitioner is not entitled to relief. (Be mindful that there is one expungement per lifetime).

(c) If the prosecutor objects to the petition, the prosecutor shall file the reasons for objecting to the petition with the court and serve a copy of the objections on the petitioner at the time the prosecutor objects to the petition. The court shall set the matter for hearing not sooner than sixty (60) days after service of the petition on the prosecutor.

If the prosecutor objects to the expungement petition, the prosecutor must state the reasons for the objection and the case shall be set for hearing in 60 days or more.

(d) A victim of the offense for which expungement is sought may submit an oral or written statement in support of or in opposition to the petition at the time of the hearing. The petitioner must prove by a preponderance of the evidence that the facts alleged in the verified petition are true.

The victim can submit a statement.

(e) The grant or denial of a petition is an appealable final order.

If an expungement is granted or denied, this is treated as a final order for the purposes of the deadlines set out in the Indiana Rules of Appellate Procedure.

(f) If the court grants the petition for expungement, the court shall issue an order of expungement as described in sections 6 and 7 of this chapter.

If the Court grants the order, the Order must comply with Indinaa Expungement Law (keep in mind that the Court can require the petitioner to submit a proposed order).

(g) The order granting the petition for expungement described in sections 6 and 7 of this chapter must include the information described in section 8(b) of this chapter.

If the Court grants the order, the Order must contain the same identifying information that was contained in the petition.

(h) This subsection applies only to a petition to expunge conviction records filed under sections 2 through 5 of this chapter. This subsection does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile delinquency allegation under section 1 of this chapter. A petitioner may seek to expunge more than one (1) conviction at the same time. The petitioner shall consolidate all convictions that the petitioner wishes to expunge from the same county in one (1) petition. A petitioner who wishes to expunge convictions from separate counties must file a petition in each county in which a conviction was entered.

For convictions, each county requires a separate petition. However, multiple convictions in the same county can be filed in a single petition.

(i) This subsection applies only to a petition to expunge conviction records filed under sections 2 through 5 of this chapter. This subsection does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile delinquency allegation under section 1 of this chapter. Except as provided in subsections (j) and (k), a petitioner may file a petition for expungement only one (1) time during the petitioner’s lifetime. For purposes of this subsection, all petitions for expungement filed in separate counties for offenses committed in those counties count as one (1) petition if they are filed in one (1) three hundred sixty-five (365) day period.

For convictions, an individual can file expungement once per lifetime.

(j) A petitioner whose petition for expungement has been denied, in whole or in part, may refile that petition for expungement, in whole or in part, with respect to one (1) or more convictions included in the initial expungement petition that were not expunged. However, if the petition was denied due to the court’s exercise of its discretion under section 4 or 5 of this chapter, a petition for expungement may be refiled only after the elapse of three (3) years from the date on which the previous expungement petition was denied. Except as provided in subsection (k), a refiled petition for expungement may not include any conviction that was not included in the initial expungement petition.

If a petition for expungement is denied due to the Court’s discretion, the petitioner can refile after 3 years but can not add any convictions that were not included in the original petition.

(k) A court may permit a petitioner to file an amended petition for expungement with respect to one (1) or more convictions that were not included in the initial expungement petition only if the court finds that:

(1) the petitioner intended in good faith to comply with subsections (h) and (i);

(2) the petitioner’s failure to comply with subsections (h) and (i) was due to:

(A) excusable neglect; or

(B) circumstances beyond the petitioner’s control; and

(3) permitting the petitioner to file a subsequent petition for expungement is in the best interests of justice.

The court may allow an amendment to the peittion to add additional convictions but only if it is in the best interests of justice and the petitioner acted in good faith and the failure to include the conviction was due to excusable neglect or circumstances beyond the petitioners control.

(l) If:

(1) the information required to be expunged, marked as expunged, or otherwise sealed or restricted under this chapter changes as the result of an amendment to this chapter; and

(2) a person whose petition for expungement was granted before the effective date of the amendment wishes to obtain the benefits of that amendment;

the person may file a petition for a supplemental order of expungement with the court that granted the petition for expungement. A petition for a supplemental order of expungement must include a copy of the expungement order, succinctly set forth the relief the petitioner seeks, and include any other information required by the court. If the court finds that the person was granted an order for expungement before the effective date of the amendment and is otherwise entitled to relief, the court shall issue a supplemental order for expungement consistent with the amendment.

If a person wants an updated expungement order due to changes in Indiana law, they are entitled to an updated order.

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.15; P.L.142-2015, SEC.10; P.L.219-2019, SEC.15.

IC 35-38-9-9.5 Collateral action in a different county

Sec. 9.5. (a) This section applies to a collateral action adjudicated or conducted in a county other than the county in which a court granted an expungement.

(b) Upon receipt of a request to expunge records related to a collateral action and a properly certified expungement order, a circuit or superior court in the county in which the collateral action occurred shall:

(1) notify the prosecutor of the county in which the court is located of the request to expunge records related to a collateral action and set the matter for hearing; or

(2) if it conclusively appears from the court’s records that the person is entitled to expungement as described in subsection (c), order the records expunged without a hearing.

(c) The circuit or superior court in the county in which the collateral action was adjudicated or conducted shall order records of the collateral action expunged (for an expungement granted under sections 1 through 3 of this chapter) or marked as expunged (for an expungement granted under sections 4 through 5 of this chapter), unless the court finds that the collateral action does not relate to the expunged arrest or conviction.

(d) A request to expunge records of a collateral action may be made at any time after the original expungement order is issued.

(e) A request to expunge records shall be filed under the cause number of the collateral action, if applicable. A person who requests expungement of records of a collateral action under this section is not required to pay a filing fee, even if the request is filed under a new cause of action.

If there are collateral cases relating to an underlying case, upon receipt of a petition to expunge the collateral action, the Court can grant the petition without hearing or the Court can serve the State and set the matter for hearing. There is no filing fee.

As added by P.L.55-2020, SEC.10.

IC 35-38-9-10 Unlawful discrimination against a person whose record has been expunged; exceptions

Sec. 10. (a) This section does not apply to a person to whom sealed records may be disclosed under section 6(a)(3) of this chapter. With respect to a person seeking employment with a law enforcement agency or a probation or community corrections department, including volunteer employment, subsections (b), (d), (e), and (f) do not apply to the law enforcement agency or the probation or community corrections department.

Many government entities and licensing boards are allowed to view expunged records and consider the expunged records.

(b) It is unlawful discrimination for any person to:

(1) suspend;

(2) expel;

(3) refuse to employ;

(4) refuse to admit;

(5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or

(6) otherwise discriminate against;

any person because of a conviction or arrest record expunged or sealed under this chapter.

It is generally unlawful to discriminate against someone based on an expunged case (although this does not apple to many government entities and licensing boards).

(c) Except as provided in section 6(f) of this chapter, the civil rights of a person whose conviction has been expunged shall be fully restored, including the right to vote, to hold public office, to be a proper person under IC 35-47-1-7(2), and to serve as a juror.

Once expungement is granted, an individual’s civil rights are generally restored. Remember that for a domestic conviction, a seperate Petition to Restore Firearm Rights must be filed.

(d) In any application for employment, a license, or other right or privilege, a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests, such as: “Have you ever been arrested for or convicted of a crime that has not been expunged by a court?”.

In applications, they can not ask whether you have had expungement.

(e) A person whose record is expunged shall be treated as if the person had never been convicted of the offense. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction:

(1) may be considered by the court in determining the sentence imposed for the new offense;

(2) is a prior unrelated conviction for purposes of:

(A) a habitual offender enhancement; and

(B) enhancing the new offense based on a prior conviction; and

(3) may be admitted as evidence in the proceeding for a new offense as if the conviction had not been expunged.

Expunged records can be considered if the individual is arrested again in the future.

(f) Any person that discriminates against a person as described in subsection (b) commits a Class C infraction and may be held in contempt by the court issuing the order of expungement or by any other court of general jurisdiction. Any person may file a written motion of contempt to bring an alleged violation of this section to the attention of a court. In addition, the person is entitled to injunctive relief.

If there is a violation of the expungement statute, an individual may request relief from the Court, including contempt and injunctive relief.

(g) In any judicial or administrative proceeding alleging negligence or other fault, an order of expungement may be introduced as evidence of the person’s exercise of due care in hiring, retaining, licensing, certifying, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the order of expungement was issued.

An employer may introduce the expungement order in their own defense if it is alleged that they were negligent in hiring the person.

(h) A conviction, including any records relating to the conviction and any records concerning a collateral action, that has been expunged under this chapter is not admissible as evidence in an action for negligent hiring, admission, or licensure against a person or entity who relied on the order.

An expungement order can not be used against an employer in a suit for negligent hiring.

(i) An expungement case, and all documents filed in the case, becomes confidential when the court issues an expungement order. However, until the court issues an expungement order, documents filed in the case are not confidential, and any hearing held in the case shall be open.

An expungement case is confidential after the expungement is granted (but not before).

As added by P.L.159-2013, SEC.4. Amended by P.L.181-2014, SEC.16; P.L.142-2015, SEC.11; P.L.219-2019, SEC.16; P.L.55-2020, SEC.11; P.L.14-2022, SEC.4.

IC 35-38-9-11 Waiver of expungement in a plea agreement invalid

Sec. 11. (a) A person may not waive the right to expungement under this chapter as part of a plea agreement. Any purported waiver of the right to expungement in a plea agreement is invalid and unenforceable as against public policy.

(b) This section does not prohibit the finding of a waiver of the right to expungement based on a failure to comply with the provisions of this chapter.

This section is relatively straightforward. If a plea agreement contains a provision stating that the individual waives the right to expungement, this provision is not valid.

As added by P.L.181-2014, SEC.17.

IC 35-38-9-12 Penalties for disclosing an expunged conviciton

Sec. 12. A criminal history provider (as defined in IC 24-4-18-2) that provides a criminal history report containing an expunged conviction is subject to the penalties described in IC 24-4-18-8.

Entities that compile criminal history information (this does not include law enforcement agencies, the clerk, or media) can not provide expunged convictions. Update must be made within 60 days. A failure to update within 60 days constitutes a “deceptive act” and the Court can order injunctive relief as well as monetary damages (or $500 if there are no damages). The court can also order fees and treble damages for willfull violations.

IC § 35-38-9-5 Expunging certain serious felony convictions; consent of prosecutor required

(a) Except as provided in subsection (b) and section 8.5 of this chapter, this section applies to a person convicted of a felony, including:

(1) an elected official convicted of an offense while serving the official’s term or as a candidate for public office; and

(2) a person convicted of a felony that resulted in serious bodily injury to another person.

(b) This section does not apply to the following:

(1) A sex or violent offender (as defined in IC 11-8-8-5).

(2) A person convicted of official misconduct (IC 35-44.1-1-1).

(3) A person convicted of an offense described in:

(A) IC 35-42-1;

(B) IC 35-42-3.5; or

(4) A person convicted of two (2) or more felony offenses that:

(A) involved the unlawful use of a deadly weapon; and

(B) were not committed as part of the same episode of criminal conduct.

(c) Not earlier than the later of ten (10) years from the date of conviction, or five (5) years from the completion of the person’s sentence, unless the prosecutorconsents in writing to an earlier period, the person convicted of the felony may petition a court to expunge all conviction records, including records contained in:

(1) a court’s files;

(2) the files of the department of correction;

(3) the files of the bureau of motor vehicles; and

(4) the files of any other person who provided treatment or services to the petitioning person under a court order;
that relate to the person’s felony conviction.

(d) A person who files a petition to expunge conviction records shall file the petition in a circuit or superior court in the county of conviction.

(e) If the court finds by a preponderance of the evidence that:

(1) the period required by this section has elapsed;

(2) no charges are pending against the person;

(3) the person has paid all fines, fees, and court costs, and satisfied any restitution obligation placed on the person as part of the sentence;

(5) the prosecutor has consented in writing to the expungement of the person’s criminal records;

the court may order the conviction records described in subsection (c) marked as expunged in accordance with section 7 of this chapter.

A person whose records have been ordered marked as expunged under this section is considered to have had the person’s records expunged for all purposes other than the disposition of the records.

IC 35-38-9-6 Effect of expunging misdemeanor and minor Class D and Level 6 felony convictions

(a) If the court orders conviction records expunged under sections 2 through 3 of this chapter, the court shall do the following with respect to the specific records expunged by the court:

(1) Order:

(A) the department of correction;

(B) the bureau of motor vehicles; and

(i) law enforcement agency; and

(ii) other person;

who incarcerated, provided treatment for, or provided other services for the person under an order of the court;

(2) Order the central repository for criminal history information maintained by the state police department to seal the person’s expunged conviction records. Records sealed under this subdivision may be disclosed only to:

(A) a prosecutor, if:

(i) authorized by a court order; and

(ii) needed to carry out the official duties of the prosecutor;

(B) the defense, if:

(i) authorized by a court order; and

(ii) needed to carry out the professional duties of the defense;

(i) authorized by a court order; and

(ii) necessary to prepare a presentence report;

(D) the Federal Bureau of Investigation and the Department of Homeland Security, if disclosure is required to comply with an agreement relating to the sharing of criminal history information;

(E) the:

(i) supreme court;

(ii) members of the state board of law examiners;

(iii) executive director of the state board of law examiners; and

(iv) employees of the state board of law examiners, in accordance with rules adopted by the state board of law examiners;

for the purpose of determining whether an applicant possesses the necessary good moral character for admission to the bar;

(3) Notify the clerk of the supreme court to seal any records in the clerk’s possession that relate to the conviction.

A probation department may provide an unredacted version of a presentence report disclosed under subdivision (2)(C) to any person authorized by law to receive a presentence report.

(b) Except as provided in subsection (c), if a petition to expunge conviction records is granted under sections 2 through 3 of this chapter, the records of:

(1) the sentencing court;

(2) a juvenile court;

(3) a court of appeals; and

(4) the supreme court;

(c) If a petition to expunge conviction records is granted under sections 2 through 3 of this chapter with respect to the records of a person who is named as an appellant or an appellee in an opinion or memorandum decision by the supreme court or the court of appeals, the court shall:

(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order of expungement.

The supreme court and court of appeals are not required to destroy or otherwise dispose of any existing copy of an opinion or memorandum decision that includes the petitioner’s name.

(1) order the records to be unsealed; and

(2) allow the prosecutor who submitted the written application to have access to the records.

(e) If a person whose conviction records are expunged under sections 2 through 5 of this chapter is required to register as a sex offender based on the commission of a felony which has been expunged:

(2) the expunged conviction must be clearly marked as expunged on the sex offender registry web site.

(g) If the court issues an order granting a petition for expungement under sections 2 through 3 of this chapter, the court shall include in its order the information described in section 8(b) of this chapter.

IC § 35-38-9-7 Effect of expunging serious and less serious felony convictions

(a) This section applies only to a person who has filed a petition for expungement under section 4 or 5 of this chapter and whose records have been ordered marked as expunged.

(b) The court records and other public records relating to the arrest, conviction, or sentence of a person whose conviction records have been marked as expunged remain public records. However, the court shall order that the records be clearly and visibly marked or identified as being expunged. A petition for expungement granted under sections 4 through 5 of this chapter does not affect an existing or pending driver’s license suspension.

(c) The state police department, the bureau of motor vehicles, and any other law enforcement agency in possession of records that relate to the conviction ordered to be marked as expunged shall add an entry to the person’s record of arrest, conviction, or sentence in the criminal history data base stating that the record is marked as expunged. Nothing in this chapter prevents the bureau of motor vehicles from reporting information about a conviction for a violation of a traffic control law to the Commercial Drivers License Information System (CDLIS), in accordance with federal law, even if the conviction has been expunged under section 4 or 5 of this chapter.

IC § 35-38-9-8 Petition to expunge conviction records

(a) This section applies only to a petition to expunge conviction records under sections 2 through 5 of this chapter. This section does not apply to a petition to expunge records related to the arrest, criminal charge, or juvenile delinquency allegation under section 1 of this chapter.

(b) Any person may seek an expungement under sections 2 through 5 of this chapter by filing a verified petition for expungement. The petition must include the following:

(1) The petitioner’s full name and all other legal names or aliases by which the petitioner is or has been known.

(2) The petitioner’s date of birth.

(3) The petitioner’s addresses from the date of the offense to the date of the petition.

(4) The case number or court cause number, if available.

(5) The petitioner shall affirm that no criminal investigation or charges are pending against the petitioner.

(6) The petitioner shall affirm that the petitioner has not committed another crime within the period required for expungement.

(7) The petitioner shall list all convictions, the cause number of each conviction, if known, the date of the conviction, and any appeals from the conviction and the date any appellate opinion was handed down, if applicable.

(8) The petitioner shall include:

(A) the petitioner’s Social Security number;

(B) the petitioner’s driver’s license number;

(D) the date on which the petitioner was convicted.

(9) The petitioner shall affirm that the required period has elapsed or attach a copy of the prosecutor’s written consent to a shorter period.

(10) The petitioner shall describe any other petitions that the petitioner has filed under this chapter.

(11) For a petition filed under section 5 of this chapter, the petitioner shall attach a copy of the prosecutor’s written consent.

(d) A person who files a petition under this section is required to pay the filing fee required in civil cases. The court may reduce or waive this fee if the person is indigent.

(e) The petitioner shall serve a copy of the petition upon the prosecutor in accordance with the Indiana Rules of Trial Procedure.

(g) The prosecutor shall reply to the petition not later than thirty (30) days after receipt. If the prosecutorfails to timely reply to the petition:

(1) the prosecutor has waived any objection to the petition; and

(2) the court shall proceed to consider the petition under section 9 of this chapter.

IC § 35-38-9-8.5 Expungement of certain offenses punishable by an indeterminate sentence

(a) This section applies only to a person seeking to expunge an Indiana offense punishable by an indeterminate sentence under a law other than IC 35-50.

(1) is a Level 6 felony at the time the person files the petition for expungement; and

(2) is not substantially similar to an offense described in section 3(b) of this chapter;
the person may file the petition under section 3 of this chapter.

(d) If:

(1) the person to whom this chapter applies may not seek expungement under section 3 of this chapter; and

(2) the offense the person seeks to expunge is not substantially similar to an offense described in section 4(b) of this chapter;
the person may file the petition under section 4 of this chapter.

(e) If the offense for which the person was convicted:

(1) is a felony at the time of filing the petition, including a felony described in section 5(a) of this chapter; and

(2) is not substantially similar to an offense described in section 5(b) of this chapter;

the person may file the petition under section 5 of this chapter.

IC § 35-38-9-9 Duties of court in ruling on Expungement Petitions

(a) If the prosecutor does not object, or has waived objection to the petition under section 8 of this chapter, the court may grant the petition for expungement without a hearing.

(e) The grant or denial of a petition is an appealable final order.

(f) If the court grants the petition for expungement, the court shall issue an order of expungement as described in sections 6 and 7 of this chapter.

(g) The order granting the petition for expungement described in sections 6 and 7 of this chapter must include the information described in section 8(b) of this chapter.

(1) the petitioner intended in good faith to comply with subsections (h) and (i);

(2) the petitioner’s failure to comply with subsections (h) and (i) was due to:

(A) excusable neglect; or

(B) circumstances beyond the petitioner’s control; and

(3) permitting the petitioner to file a subsequent petition for expungement is in the best interests of justice.

IC § 35-38-9-9.5 Collateral action in a different county

Sec. 9.5. (a) This section applies to a collateral action adjudicated or conducted in a county other than the county in which a court granted an expungement.

(1) notify the prosecutor of the county in which the court is located of the request to expunge records related to a collateral action and set the matter for hearing; or

(2) if it conclusively appears from the court’s records that the person is entitled to expungement as described in subsection (c), order the records expunged without a hearing.

(d) A request to expunge records of a collateral action may be made at any time after the original expungement order is issued.

IC § 35-38-9-10 unlawful discrimination against a person whose record has been expunged; exceptions

IC § 35-38-9-10 Unlawful discrimination against a person whose record has been expunged; exceptions

(a) This section does not apply to a person to whom sealed records may be disclosed under section 6(a)(2) of this chapter.

(b) It is unlawful discrimination for any person to:

(1) suspend;

(2) expel;

(3) refuse to employ;

(4) refuse to admit;

(5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or

(6) otherwise discriminate against;

any person because of a conviction or arrest record expunged or sealed under this chapter.

(1) may be considered by the court in determining the sentence imposed for the new offense;

(2) is a prior unrelated conviction for purposes of:

(A) a habitual offender enhancement; and

(B) enhancing the new offense based on a prior conviction; and

(3) may be admitted as evidence in the proceeding for a new offense as if the conviction had not been expunged.

(h) A conviction that has been expunged under this chapter is not admissible as evidence in an action for negligent hiring, admission, or licensure against a person or entity who relied on the order.

(i) An expungement case, and all documents filed in the case, becomes confidential when the court issues the order granting the petition. However, until the court issues the order granting the petition, documents filed in the case are not confidential, and any hearing held in the case shall be open.

IC § 35-38-9-11 Waiver of expungement in a plea agreement invalid

(a) A person may not waive the right to expungement under this chapter as part of a plea agreement. Any purported waiver of the right to expungement in a plea agreement is invalid and unenforceable as against public policy.

(b) This section does not prohibit the finding of a waiver of the right to expungement based on a failure to comply with the provisions of this chapter.

IC § 35-38-9-12 Penalties for disclosing an expunged conviction

Sec. 12. A criminal history provider (as defined in IC 24-4-18-2) that provides a criminal history report containing an expunged conviction is subject to the penalties described in IC 24-4-18-8.

DCS Expungement in Indiana

IC § 31-33-27 Expungement of Child Abuse or Neglect Reports

IC 31-33-27-1 “Expunge” or “Expungement”

Sec. 1. As used in this chapter, “expunge” or “expungement” means:

(1) the removal or deletion of all information maintained by the department concerning a report, assessment, or determination under this article relating to an incident or condition of child abuse or neglect; and

(2) the destruction or delivery of the information to a person to

whom the information pertains.

IC 31-33-27-2 “Information”

Sec. 2. As used in this chapter, “information” includes all files and records created or maintained by the department. The term includes the original and copies of documents, correspondence, messages, photographs, videotapes, audio recordings, audiovisual recordings, and any other material contained in electronic, paper, or digital form or in other media.

IC 31-33-27-3 Expungement of records; retained information; adoption of rules

Sec. 3. (a) The department shall expunge child abuse or neglect information not later than twenty-four (24) years after the date of birth of the youngest child named in the department’s assessment report as an alleged victim of child abuse or neglect, if:

(1) the department approved the assessment as unsubstantiated; or
(2) the court in a child in need of services case entered a final judgment based on a finding that child abuse or neglect did not occur.

(b) The department may, upon the request of an interested person, expunge information relating to an unsubstantiated assessment of child abuse or neglect at any time, if the department determines that the probative value of the information does not justify its retention in the records of the department.

(c) This subsection applies to information that is not expunged under subsection (a) or (b). The department may retain information relating to an unsubstantiated assessment of child abuse or neglect in paper or digital form or in other media that is accessible only by department employees with access rights established by the department through policy or rule.

(d) Information that is retained in the records of the department under subsection (c) may be used by the department to facilitate its assessment of a subsequent report concerning the same child or family.

(e) The department may not rely solely on information available under subsection (c) to support substantiation of a later report, if information obtained in the assessment of the later report is otherwise insufficient to support a substantiated determination.

(f) The department shall adopt a written policy, and may adopt rules under IC 4-22-2, regarding access to information retained under subsection (c).

IC 31-33-27-4 Expungement of records; amended information

Sec. 4. (a) The department shall expunge child abuse or neglect information relating to a substantiated report not later than the time specified for expungement of the report from the child protection index under IC 31-33-26-15.

(b) The department shall amend information relating to a substantiated report by deleting the name of a person as an alleged perpetrator if:

(1) a court having jurisdiction over a child in need of services proceeding; or

(2) an administrative hearing officer under IC 31-33-26-9;

finds that the person was not a perpetrator of the child abuse or neglect that occurred.

IC 31-33-27-5 Substantiated reports; perpetrator petitions for expungements

Sec. 5. (a) This section applies to information relating to substantiated reports in any records of the department.

(b) An individual identified as a perpetrator of child abuse or neglect in a substantiated report may file a petition with a court exercising juvenile jurisdiction in the county in which the individual resides, requesting that the court order the department to expunge the substantiated report and related information.

(1) name the department as respondent in the petition; and

(2) serve the department with a copy of the petition and a summons.

(d) The court shall hold a hearing on the petition and any response filed by the department, unless a hearing is waived by agreement of the parties.

(e) In considering whether to grant a petition filed under this section, the court may review:

(1) the factors listed in IC 31-39-8-3 in relation to the petitioner, if the substantiated report was the subject of a juvenile court case; and

(2) any facts relating to the petitioner’s current status, activities, employment, contacts with children, or other circumstances relevant to consideration of whether the petition should be granted.

(f) The court may grant the petition if the court finds, by clear and convincing evidence, that:

(1) there is little likelihood that the petitioner will be a future perpetrator of child abuse or neglect; and

(2) the information has insufficient current probative value to justify its retention in records of the department for future reference.

IC 31-33-27-6 Use of expunged records in civil action

Sec. 6. If the department expunges child abuse or neglect information under this chapter:

(1) at the request of a perpetrator named in an assessment report;

(2) at or after the time for expungement specified in section 4(a) of this chapter; or

(3) under a court order under section 5 of this chapter;

IC 31-39-8-7 applies to any civil action brought against the department or any other agency, entity, or individual, if the content of the expunged information may be relevant to any issue in the civil action.

For the complete text of theIndiana Code, click here.

This following is a basic explanation of how to file an expungement petition. This page assumes that the reader is a legal practitioner who has a basic understanding of Indiana statutes, the Indiana Rules of Civil Procedure, and basic court room practice. You should NOT use this page if you are a pro se individual who is attempting to do your own expungement. If you are an individual who does not have money, there are clinics that can connect you with law students who can help you through the expungement process. You can only do expungement once per lifetime, so don’t waste it trying to do it on your own if you dont know what you are doing. Using the information on this website does NOT create a client relationship with you. Trying to do an expungement is very similar to changing the transmission in a car: If you know what you are doing, it is very easy – but if you don’t – it is likely to cause a lot of damage and end in disaster.

Indiana Expungement Forms

Step 1 – Preparing the Indiana Expungement Petition Form

Indiana Expungement Form Caption

Indiana Expungement Form Title

Indiana Expungement Form Summons

Indiana Expungement Form Notice of Exclusion

Indiana Expungement Form Certificate of Service and Verification

Step 2 – Filing the Indiana Expungement Petition Forms

Step 3 – The Indiana Expungement Court Hearing

Step 4 – Distribution of the Indiana Expungement Petition Form

It may also be helpful to review basic information about the Indiana Expungement Law, which can be viewed by clicking on the icon to the right. If you are a former student and you no longer have your course materials, the class materials are available on the Student tab of my website. Please be sure to check these materials against case law and statutory updates. It may also be helpful to review our pages on Frequently Asked Questions about the Indiana Expungement Law, the Comprehensive Overview of Expungement Law in Indianapolis, Indiana Expungement Law Tips and Tricks, and our page on Understanding Indiana’s Expungement Law, Indiana Second Chance Statute, and Indiana Expungement Cheat Sheets.

Step 1 – Preparing the Indiana Expungement Petition Form

Indiana Expungement Form Caption

The first part of the expungement petition is the caption. Please note that expungement petitions are civil in nature, and do not use the same style caption as a criminal matter. Rather, expungement petitions use an in re style caption. An example of an in re expungement petition caption is available below.

Indiana Expungement Form Title

The caption is typically followed by the title. This is somewhat simple and should indicate whether the petition seeks to expunge convictions or acquittals and what subsections the relief is sought under. Remember that not all subsections allow sealing so be sure not to request sealing if the statute does not allow it. An example of a title is provided below:

Indiana Expungement Form Summons

The summons is another easy part of the expungement. Each expungement petition filed in section 2 or higher requires a summons. Since service is a duty of the Court under section 1 expungements, a summons is arguably not required under section 1, but as a matter of best practice, it can not hurt to include a summons for section 1 expungements so I would recommend doing so. Remember that the summons must contain a clerk file stamp. The summons can be served by certified mail with signature requested. However, I prefer using sheriff service as it can be done easily through odyssey. Additionally, if an issue with service were to arise, the sheriff and prosecutor are both executive branch actors. A failure by one arm of the executive brac can generally not be used a sword by another member of the executive branch. Remember that service of the summons should be made on the elected prosecutor. An example of a standard summons can be viewed below:

Indiana Expungement Form Notice of Exclusion

Another easy part of preparing the petition is the 9(G) notice of exclusion. This is required by the Administrative rules since there will be filings that are public that are coupled with contemporaneously filed confidential versions of the same filings. A standard notice of exclusion that can be used for an Indiana Expungement can be viewed below:

Indiana Expungement Form Certificate of Service and Verification

Obviously, all filings should contain a certificate of service, showing that the prosecutor has been served through e-filing. Remember that Indiana Expungement law also requires that both petitions comply with Trial Rule 11. A certificate of service with verification is available below:

Step 2 – Filing the Indiana Expungement Petition Forms

Upon completion of the petition, all filings should be done through odyssey at https://indiana.tylertech.cloud/OfsWeb/ You should add the elected prosecutor as a service contact as a matter of courtesy. However, remember that merely adding the prosecutor as a service contact is not a substitute for complying with Rule 4.1. I personally prefer using sheriff service, which is approximately $28. This is more convenient than certified mail and if there is an error, a judge is not likely to be amused by an executive branch Prosecutor arguing that an executive branch sheriff made an error.

Step 3 – The Indiana Expungement Court Hearing

Make sure your client is prepared for the hearing. Additionally, make sure that nothing has changed since the filing of the petition. Indiana Rules of Professional Conduct Rule 3.3 applies to expungement petitions. If something has changed since the filing of the petition (such as a new criminal case) it may be prudent to consider filing a motion to stay pending resolution of the new legal matter. Dismissing without prejudice is another option to consider, so long as all involved (including the Court) agree that the dismissal shall allow re-filing at a later date. Especially for section 3 and higher petitions, it is important to prepare the client and witnesses for possible cross examination.

Step 4 – Distribution of the Indiana Expungement Form

Some counties will engage in distribution for you, such as Monroe County, Indiana in Bloomington. However, never assume that the Court will distribute for you. Most distribution can now be done electronically, such as the Indiana State Police and the Indianapolis Metropolitan Police Department. However, some smaller law enforcement agencies still use traditional paper mail.

Can I expunge my record myself in Indiana?

Expunging your criminal record in Indiana is a significant legal process that can help you move forward with your life by sealing or erasing certain criminal records. This means that the records are not accessible to the public, and in many cases, you can legally state that you have not been arrested or convicted of the expunged offense. While it is possible to handle this process yourself, also known as filing “pro se,” it requires careful attention to detail and a thorough understanding of the legal requirements.

Understanding Expungement

The expungement law generally allows an individual to file one expungement petition per lifetime, so it is important that it be done correctly. If the expungement petition is denied, you normally do not get a second chance. Because of this, most people will want to hire a professional, especially because hiring someone to handle the expungement process is relatively inexpensive. Filing an expungement petition is much like changing the transmission in a car: it it is not particularly difficult if you know what you are doing, but if you don’t know what you are doing, it is likely to go badly.

Expungement is a legal procedure that allows individuals to have certain criminal records expunged or sealed. This process can provide numerous benefits, including improved employment opportunities, housing options, and overall quality of life. However, not all records are eligible for expungement, and the process involves several steps and legal criteria that must be met.

Eligibility Criteria

In Indiana, the eligibility for expungement depends on several factors, including the type of offense, the outcome of the case, and the time that has passed since the conviction or arrest.

Steps to Expunge Your Record

1. Gather Necessary Information

Before you start the process, gather all relevant information about your case, including:

Case Numbers: These are unique identifiers assigned to your case by the court. You can find your case number on court documents, such as the judgment of conviction or the docket sheet.
Dates of Arrest and Conviction: Knowing the exact dates of your arrest and conviction is crucial for determining your eligibility for expungement. You can find these dates on your arrest record, court documents, or by contacting the court where your case was heard.
Details of the Charges and Outcomes: This includes the specific charges you were convicted of, the sentence you received, and any other relevant details about your case. You can find this information on court documents, such as the judgment of conviction or the docket sheet.

Having this information readily available will help you accurately complete the necessary forms and ensure that your petition is processed smoothly. If possible, get the CCS documents certified by the clerk.

2. Complete a Petition for Expungement

You will need to file a petition for expungement. The petition will require detailed information about your case and the reasons you believe you are eligible for expungement.

When completing the petition, be sure to:

Provide Accurate and Complete Information: Make sure to include all relevant details about your case, such as the case number, dates of arrest and conviction, and the specific charges you were convicted of. Double-check all information for accuracy before submitting the petition.
Clearly State the Reasons for Seeking Expungement: Explain why you are seeking expungement and how it will benefit you. This may include reasons such as improving your employment opportunities, housing options, or overall quality of life.
Include Supporting Documentation: Attach any supporting documentation that may strengthen your case, such as letters of recommendation, proof of rehabilitation, or evidence of community service. These documents can help demonstrate your commitment to rehabilitation and your positive contributions to the community.
Comply with requirements: Make sure the petition complies with the Indiana statutes and Indiana Rules of Civil Procedure.

3. File the Petition with the Court

Once you have completed the petition, you will need to file it with the court that handled your case. This may involve paying a filing fee. When filing the petition, make sure to:

Submit the Petition to the Correct Court: Make sure to file the petition with the court that handled your case. This is typically the court where you were convicted or where your case was heard.
Pay Any Required Filing Fees: Check with the court to determine the filing fee for your petition. If you cannot afford the fee, you may be able to request a fee waiver by completing a fee waiver application and providing proof of your financial situation.
Obtain a Copy of the Filed Petition: After filing the petition, obtain a copy for your records. This will serve as proof that you have filed the petition and can be useful if you need to reference it later.
Compliance: Comply with any notice requirements regarding the filing of confidential information, service of process, and the entry of an appearance.

4. Serve the Petition

You must serve a copy of the petition to the prosecutor’s office that handled your case. Serving the petition typically involves:

Deliver a Copy of the Petition to the Prosecutor’s Office: You can typically serve the petition by delivering a copy to the prosecutor’s office in person or by certified mail. Check with the court for specific instructions on how to serve the petition. If possible, use electronic service.
Provide Proof of Service to the Court: After serving the petition, you will need to provide proof of service to the court. This may involve completing a certificate of service or an affidavit of service, which confirms that you have served the petition to the prosecutor’s office.

5. Attend the Hearing

In some cases, the court may schedule a hearing to review your petition. During the hearing, you may need to present evidence and answer questions about your case. It’s important to be prepared and to present yourself professionally. Here are some tips for attending the hearing:

Familiarize yourself with the Indiana Rules of Evidence: If your documents are not certified, review the Indiana Rules of Evidence to ensure that proper foundations can be laid to admit documents.
Review Your Petition and Supporting Documentation: Before the hearing, review your petition and any supporting documentation to ensure that you are familiar with the details of your case. Be prepared to explain why you are seeking expungement and how you have rehabilitated since your conviction.
Dress Appropriately: Dress in a professional manner for the hearing. This shows respect for the court and can help make a positive impression.
Arrive on Time: Make sure to arrive on time for the hearing. Being punctual demonstrates
Prepare Your Statement: Think about what you want to say during the hearing. Practice explaining why you are seeking expungement and how you have changed since your conviction. Be honest and sincere in your statements.
Bring Supporting Documents: Bring copies of any supporting documents you included with your petition, such as letters of recommendation, proof of rehabilitation, or evidence of community service. These documents can help support your case during the hearing.
Be Respectful: Show respect to the judge, prosecutor, and court staff. Address the judge as “Your Honor” and follow courtroom etiquette. Being respectful can positively influence the court’s perception of you.

6. Wait for the Court’s Decision

After the hearing, the court will make a decision on your petition. It is all-right to follow up with the court staff, but make sure not to pester the Court. If the court grants the expungement, your records will be sealed or expunged, and you will receive documentation confirming this. Make sure you engage in proper distribution of the order. If your petition is denied, you may have the option to appeal and should consult counsel immediately to see if it is too late to fix the petition.

After the hearing, the court will make a decision on your petition. This decision may be made immediately after the hearing or at a later date. Here are some tips for this stage:

Be Patient: The court may take some time to review your petition and make a decision. Be patient and avoid contacting the court repeatedly for updates.
Follow Up: If you do not receive a decision within a reasonable time, follow up with the court to check on the status of your petition. You can do this by contacting the court clerk or checking the court’s online case management system if available.
Understand the Decision: If your petition is granted, your records will be ordered sealed or expunged, and you will receive documentation confirming this. If your petition is denied, the court might provide reasons for the denial. Understanding the court’s decision can help you determine your next steps.

Important Considerations

Legal Assistance: While it is possible to file for expungement yourself, even if you can not hire, you are generally better off using a free legal service or law school clinic.
Accuracy: Ensure all information in your petition is accurate and complete. Inaccurate information can delay the process or result in denial. Double-check all details before submitting your petition.
Follow-Up: After your records are expunged, follow up to ensure that all relevant agencies have updated their records. This may involve contacting the Indiana State Police, local law enforcement agencies, and any other entities that may have your records.

Post-Expungement Considerations

Once your records are expunged, there are several important considerations to keep in mind:

Updating Your Records

After your records are ordered expunged, it is important to ensure that all relevant agencies have updated their records. This may involve contacting the following entities:

Indiana State Police: The Indiana State Police maintain criminal records and will need to update their records to reflect the expungement.
Local Law Enforcement Agencies: Contact local law enforcement agencies, such as the police department or sheriff’s office, to ensure that they have updated their records.
Court Records: Verify that the court has updated its records to reflect the expungement. This may involve checking the court’s online case management system or contacting the court clerk.
Other Agencies: Depending on your case, there may be other agencies that need to update their records, such as the Department of Motor Vehicles (DMV) or the Department of Corrections.

Employment and Housing Applications

One of the main benefits of expungement is that it can improve your employment and housing opportunities. Here are some tips for navigating these applications post-expungement:

Disclosing Your Record: In some cases, you can legally state that you have not been arrested or convicted of the expunged offense. However, there may be exceptions for certain types of employment or licensing. Be sure to understand the specific requirements for the job or housing application you are completing.
Background Checks: Sealed records often do not appear on most background checks. However, it is a good idea to run a background check on yourself to ensure that the expunged records do not appear. You can do this through by doing a finger print background check with the FBI and Indiana State Police.
Explaining Gaps in Employment: If you have gaps in your employment history due to your conviction, be prepared to explain these gaps to potential employers. Focus on the positive steps you have taken since your conviction, such as completing education or training programs, gaining work experience, or participating in community service.

Legal Rights and Responsibilities

Expungement can restore certain legal rights that may have been lost due to your conviction. These rights may include:

Voting Rights: If your voting rights were lost due to your conviction, expungement may restore these rights. Check with your local election office to confirm your voter registration status.
Firearm Rights: Expungement might restore your right to possess firearms, depending on the nature of your conviction and state laws. Be sure to understand the specific requirements and restrictions related to firearm possession in Indiana.
Professional Licensing: Expungement may improve your eligibility for certain professional licenses. Check with the relevant licensing board to understand how expungement affects your eligibility and any additional steps you may need to take.

Challenges and Common Issues

While the expungement process can provide significant benefits, there are also challenges and common issues that you may encounter. Here are some potential challenges and tips for addressing them:

Incomplete or Inaccurate Records

One common issue is incomplete or inaccurate records. This can occur if the court or law enforcement agencies do not properly update their records after the expungement. Here are some tips for addressing this issue:

Verify Records: After your expungement is granted, verify that all relevant agencies have updated their records. This may involve checking online case management systems, contacting the court clerk, or requesting copies of your criminal record.
Request Corrections: If you find incomplete or inaccurate records, request corrections from the relevant agency. Provide documentation of the expungement order and any other supporting information to help facilitate the correction process.
Follow Up: Follow up with the agency to ensure that the corrections are made. Keep records of your communications and any documentation you provide.

Denial of Petition

If your petition for expungement is denied, it can be a significant setback. Here are some tips for addressing this issue:

Understand the Reasons for Denial: The court might provide reasons for the denial of your petition. Understanding these reasons can help you determine your next steps.
Seek Legal Assistance: If you are unsure why your petition was denied or how to address the issues, consider seeking legal assistance.

Legal Resources and Assistance

While it is possible to file for expungement yourself, you will benefit from legal resources and assistance. Here are some options to consider:

Legal Aid Organizations

Legal aid organizations provide free or low-cost legal assistance to individuals who do not have money. These organizations can help you with the expungement process, including completing and filing the petition, serving the petition, and representing you at the hearing. Some legal aid organizations in Indiana include:

Indiana Legal Services: Provides free legal assistance to low-income individuals in civil matters, including expungement.
Neighborhood Christian Legal Clinic: Offers free legal services to individuals in need, including assistance with expungement.

Self-Help Resources

There are also self-help resources available to assist you with the expungement process. These resources can provide information, forms, and guidance on how to complete the process yourself. Some self-help resources in Indiana include:

Indiana Courts Self-Service Legal Center: Provides forms, instructions, and information on various legal matters, including expungement.
Indiana State Police: Offers information on the expungement process and provides forms for completing the petition.
Local Law Libraries: Many law libraries have self-help resources and legal reference materials that can assist you with the expungement process.

Conclusion

Expunging your criminal record in Indiana is a process that requires careful attention to detail and adherence to legal procedures. However, you should seek legal advice to ensure the best possible outcome.

Expungement can provide significant benefits, including improved employment and housing opportunities, restored legal rights, and a fresh start. However, it is important to understand the eligibility criteria, complete the necessary forms accurately, and follow the required steps to ensure a successful expungement.

What is the Difference Between Expungement and Sealing under Indiana Law?

In Indiana, expungement means that you were not convicted of a crime. Expungement still leaves the record visible to the public. Sealing prevents the public from being aware of the records. Therefore, it is best to pursue both expungement and sealing. However, there are some cases (such as major felony convictions) where Indiana law allows for expungement but not sealing.

In cases where a case is eligible for expungement but not sealing, the public will still be aware of the case. Some employers will not care that the case has been expunged. However, even when a case can not be sealed, there can be benefits to having it expunged. For example, I represented an individual who worked in HVAC who had a major felony conviction. His employer was aware of his criminal record and was not concerned with the case. However, the employer did construction work on US military bases and the client was not allowed to enter the work sites since he was a convicted felon. Once the client had expungement granted, he was allowed to enter the military bases and continue his employment. However, for some individuals, having a case expunged (but not sealed) may not achieve the goal the client is looking for. Also, remember that as it pertains to gun rights, expungement alone will sometimes restore gun rights, but Federal law requires a separate petition for certain domestic convictions.

Indiana Expungement Law Tips & Tricks

I do not recommend that anyone represent themselves in Court if they are not licensed. Even the simplest legal matter can be bungled by inexperience with the Indiana Rules of Procedure. While I do not advise representing yourself in any Court proceeding, for those people who are considering representing themselves, the following Indiana expungement tips and tricks may be of assistance:

Understand what can be expunged: Not all offenses qualify for expungement in Indiana. You can generally expunge misdemeanors and certain felonies. However, there are exceptions, such as violent crimes or sex offenses.

Understand and meet the eligibility requirements: Before beginning the expungement process, ensure you meet Indiana’s eligibility criteria. Typically, this involves completing your sentence, including probation and paying all fines and restitution. In addition to the type of offense, there are other eligibility requirements. You must have completed your sentence, probation, and parole (if applicable), and you cannot have any pending charges. There is also a waiting period, which varies depending on the offense.
Gather your documents: If you are considering doing your own expungement, it is good idea to gather various for your petition, including copies of your arrest and court records, proof that you have completed your sentence, and documentation of any fees or restitution that has been paid.
Pay the filing fee: There is a filing fee associated with expungement petitions in Indiana.
Serve notice on the prosecutor: You must serve notice of your petition on the prosecutor’s office in the county where your case was filed.
Attend your hearing: If the court schedules a hearing on your petition, you must attend. Be prepared to answer the judge’s questions about your case and why you want your record expunged.
Be patient: The expungement process can take several months, so be patient.
Consider getting help. A professional can help you navigate the expungement process and ensure that your petition is filed correctly.
Review Expungement Laws: Familiarize yourself with Indiana’s expungement laws and the Indiana Rules of Procedure. This will help you understand the process and any specific requirements you need to meet. Additionally, make sure to understand any local rules that are specific to your county. A copy of the local rules can be obtained from the Court.
Include a Strong Statement: Along with your petition, include a compelling personal statement detailing why you seek expungement and how it will positively impact your life.
Consider Record Sealing: In addition to expungement, explore the option of record sealing for offenses that don’t qualify for expungement. Sealing your record can still provide some level of relief from past convictions.
Stay Informed: Keep abreast of any updates or changes to Indiana’s expungement laws. Legislation can evolve, potentially affecting your eligibility or the expungement process.
Remember, expungement can be a complex legal process, so it’s essential to approach it with diligence and attention to detail.

How to file an Indiana Expungement Petition. In order to begin your Indiana Criminal Record Expungement application, call 317-695-7700. The Indiana Second Chance Expungement Law generally requires that misdemeanor convictions must be at least 5 years old and level 6 and D Felony convictions must be at least 8 years old.

The history of expungement in Indiana reflects broader societal shifts in attitudes towards rehabilitation, criminal justice reform, and the recognition of second chances. Over the years, Indiana has made significant strides in providing individuals with opportunities to expunge their criminal records, thereby allowing them to move forward with their lives free from the stigma of past mistakes.

The concept of expungement, or the sealing of criminal records, traces its roots back to early legal systems where the idea of redemption and forgiveness played a role in justice. In Indiana, as in many other states, expungement laws have evolved over time in response to changing societal norms, legal precedents, and the recognition of the barriers faced by individuals with criminal records.

One pivotal moment in the history of expungement in Indiana came with the passage of the Second Chance Act in 2013. This legislation marked a significant shift in the state’s approach to criminal records, offering a pathway for individuals with certain low-level felony and misdemeanor convictions to petition the court for expungement. The Second Chance Act aimed to provide these individuals with an opportunity to re-enter society, gain meaningful employment, and rebuild their lives.

Prior to the Second Chance Act, Indiana’s expungement laws were more restrictive, often leaving individuals with criminal records facing significant barriers to employment, housing, and other opportunities. The passage of this legislation represented a recognition of the importance of giving individuals a second chance and acknowledging the potential for rehabilitation and reintegration into society.

The Second Chance Act established a framework for expungement in Indiana, outlining eligibility criteria, waiting periods, and the process for petitioning the court. Under the law, individuals convicted of certain felonies and misdemeanors could petition to have their records expunged if they met specific requirements, such as completing their sentence, remaining crime-free for a designated period, and fulfilling any other conditions imposed by the court.

The passage of the Second Chance Act was met with both praise and criticism. Supporters lauded the law for its recognition of the importance of rehabilitation and the need to remove barriers to re-entry for individuals with criminal records. They argued that expungement could significantly improve outcomes for these individuals, reducing recidivism rates and promoting public safety.

However, critics raised concerns about the potential implications of expungement, including issues related to public safety, victim rights, and the integrity of the criminal justice system. Some argued that certain offenses should not be eligible for expungement, particularly those involving violence or sexual misconduct. Others expressed concerns about the impact of expungement on employers, landlords, and other entities that rely on criminal background checks.

Despite these concerns, the Second Chance Act represented a significant step forward in Indiana’s approach to expungement, laying the groundwork for subsequent reforms and improvements to the expungement process. In the years following the passage of the Second Chance Act, Indiana continued to refine its expungement laws, expanding eligibility criteria, reducing waiting periods, and streamlining the petition process.

One notable development in Indiana’s expungement laws came with the passage of Senate Enrolled Act 75 in 2019. This legislation made several important changes to the expungement process, including expanding eligibility to include certain additional felony offenses, reducing waiting periods for expungement, and providing additional protections for individuals seeking expungement.

Senate Enrolled Act 75 represented a continuation of Indiana’s efforts to provide individuals with opportunities to expunge their criminal records and move forward with their lives. By expanding eligibility and streamlining the expungement process, the law aimed to further reduce barriers to re-entry and promote successful rehabilitation for individuals with criminal records.

In addition to legislative changes, Indiana’s expungement laws have also been shaped by legal precedent and court decisions. Over the years, courts have interpreted and applied expungement statutes, establishing guidelines and procedures for expungement petitions. These legal developments have played a crucial role in shaping the expungement process and ensuring that it operates fairly and effectively.

Looking ahead, the future of expungement in Indiana is likely to be influenced by ongoing efforts to reform the criminal justice system, address disparities in the administration of justice, and promote rehabilitation and reintegration for individuals with criminal records. As attitudes towards criminal justice continue to evolve, Indiana will likely continue to explore ways to expand access to expungement and provide individuals with the opportunity for a second chance.

Indiana Expungement Law Cheat Sheets

Indiana Expungement Tables

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