In order to begin your Indiana Criminal Record Expungement application, call 317-695-7700. I, Jeff Cardella, have personally handled thousands of expungements and have over a 99% success rate. I handle expungements in every county in Indiana and provide a MONEY BACK GUARANTEE on ALL expungements. Don’t be fooled by offices that don’t stand behind their work and don’t offer a money back guarantee on ALL expungements.

Expungement of your criminal record under the Indiana Second Chance Expungement Law has become much easier in recent years. If you are interested in speaking with an Indianapolis Expungement lawyer about having your criminal record expunged under the Indiana Expungement Law for a criminal felony or misdemeanor, please contact me at 317-695-7700 for a free consultation with an Indiana expungement attorney or email me at jeffcardella@cardellalawoffice.com. 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.

For the majority of expungements, no court appearance or office visit is necessary, and we offer very reasonable pricing. I have extensive experience with Indiana’s Second Chance Law since its inception. My office can effectively handle the complexities of the expungement process, including preparing petitions and working with prosecuting attorneys to minimize the chance of having to appear in court. I have routinely handled complex multi-county expungements.

I have practiced criminal defense my entire career, taught criminal law at the IU School of Law, and have personally handled thousands of cases. My office has been recognized as one of the ten best law firms in the State of Indiana by the American Institute of Criminal Law Attorneys, I have been recognized as one of the top ten criminal defense attorneys in the State of Indiana under the age of forty by the National Academy of Criminal Defense Attorneys, and my office has been recognized as a Top 10 Law Firm by the American Association of Attorney Advocates. If you have additional questions about the Indiana Expungement Law, please don’t hesitate to contact me for a free consultation at 317-695-7700 or visit my home page.

Call 317-695-7700 to schedule a free consultation with an Indiana expungement attorney or Indianapolis expungement lawyer to discuss the Indiana Expungement Law or sealing of your criminal record under the Indiana Second Chance Law. I am among the best in the State of Indiana, provide very reasonable pricing, and I offer a MONEY BACK GUARANTEE on ALL expungements. You can also email me at jeffcardella@cardellalawoffice.com. If you are emailing me, please include your date of birth and the spelling of your name as it appears on mycase.in.gov. My main office is centrally located in Indianapolis, but we handle expungement and sealing in the entire state of Indiana. Calls are answered seven days a week.

Indiana Expungement

If you have questions about expungement law and want to speak to an Indiana Expungement Attorney, call me for a free consultation at 317-695-7700. 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 or 10 years.

Money Back Guarantee Expungement Attorney in Indiana

I offer a money back guarantee on ALL expungements.

Payment Plans for Indiana Expungements

For individuals who are interested in a payment plan for an Indiana expungement, my office incorporates “buy now, pay later” options through Affirm/Afterpay. Just click “PAY LATER” on the payment page of my website:

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 worth noting:

• 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 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 cannot currently be participating in a pretrial diversion program.

• Fifth, the petitioner cannot currently have criminal charges pending.

• Lastly, there is no filing fee.

• If you have questions about expunging a case that did not result in a conviction and want to speak to an Indiana Expungement Attorney, call me for a free consultation at 317-695-7700.

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 prosecuting attorney 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 prosecuting attorney, 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.

(c) This subsection applies to a person arrested after June 30, 2022. If:

(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 prosecuting attorney 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 prosecuting attorney 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;

(C) any aliases or other names used by the petitioner;

(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 prosecuting attorney.

(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;

(C) a juvenile court;

(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 worth noting:

• 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 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 cannot have any other convictions on their record during the previous 5 years. This includes convictions from other jurisdictions.

• Fourth, the petitioner cannot 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.

• If you have questions about expunging a criminal misdemeanor conviction and want to speak to an Indiana Expungement Attorney, call me for a free consultation at 317-695-7700.

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 prosecuting attorney 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 prosecuting attorney if the prosecuting attorney 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 reduced pursuant to alternate misdemeanor sentencing. The actual statute is below, but there are several important points worth noting:

• 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 discretion to deny the petition.

• 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 35-38-9-2.

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

• Fourth, the petitioner cannot 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.

If you have questions about expunging a D felony conviction or a Level 6 Felony conviction and want to speak to an Indiana Expungement Attorney, call me for a free consultation at 317-695-7700.

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

(C) IC 35-42-4.

(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 prosecuting attorney 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

(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 prosecuting attorney if the prosecuting attorney 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 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. If you are interested in having a major felony conviction expunged and want to speak to an Indiana Expungement Attorney, call me for a free consultation at 317-695-7700.

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

(C) IC 35-42-4.

(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 prosecuting attorney 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 prosecuting attorney if the prosecuting attorney 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

(C) IC 35-42-4.

(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 prosecuting attorney 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 prosecuting attorney if the prosecuting attorney has consented to a shorter period under subsection (c)); and

(5) the prosecuting attorney 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.

• Can Indiana Criminal Records be Expunged?

Indiana criminal records can often be expunged. The Indiana Second Chance Expungement Law requires misdemeanor convictions to be at least 5 years old and Level 6 or D Felony convictions to be at least 8 years old. Call 317-695-7700 to start your Indiana Criminal Record Expungement application.

• Does Indiana Expungement Law restore Second Amendment Firearm Gun Rights for Convicted Felons?

Expungement of a domestic violence crime under section 2 does not restore firearm possession rights. These rights can only be restored per IC 35-47-4-7. Initially, there was debate about conflicts between Indiana’s Expungement Law and the Federal Gun Control Act. On December 10, 2019, the Indiana Attorney General’s advisory opinion stated: “Yes, because an expungement restores civil rights with no firearm restrictions. Indiana Code § 35-38-9-10(c) provides that an expungement ‘fully’ restores the three core civil rights and allows qualification as a ‘proper person’ for a firearm license without restriction. Because the Gun Control Act disqualifies convictions where civil rights are fully restored with no firearm restrictions, an expungement of a felony conviction in Indiana enables purchasing and possessing a firearm under federal law.”

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

In Indiana, expungement means you were not convicted of a crime, but records remain publicly visible. Sealing prevents public access to records. Pursuing both is ideal, though some cases, like major felony convictions, allow expungement but not sealing. Learn more about the difference between expungement and sealing under Indiana law.

• How much does it cost to get your record expunged in Indiana?

Expunging a conviction in Indiana requires a $157 filing fee and a $5.10 service fee. There’s no filing fee for dismissed cases. Attorney costs vary based on the number of cases, counties involved, conviction types, and their severity.

• Can you get a domestic violence charge expunged in Indiana?

You can expunge a domestic violence charge in Indiana if all other expungement requirements are met. However, convictions involving bodily injury may face restrictions, depending on the conviction level. Expunging a domestic violence crime does not automatically restore gun rights.

• How long does expungement take in Indiana?

In Indiana, the average expungement takes 30 to 60 days.

• What is Indiana’s Second Chance Law?

Indiana’s Second Chance Expungement Law allows certain criminal records to be expunged or sealed, helping individuals move forward. To begin your application, call 317-695-7700. Misdemeanor convictions must be at least 5 years old, and Level 6 or D Felony convictions must be at least 8 years old.

• What is the new Expungement Law in Indiana?

Indiana’s new expungement law, effective July 1, 2022, offers automatic expungement for non-conviction cases (dismissals, acquittals, or diversion programs) within 60 days of case closure, for cases after June 30, 2022. It also eliminates the one-year waiting period for petition-based expungements, though prosecutors may request delays with justification.

• Who is generally eligible for expungement?

In Indiana, expungement eligibility has restrictions. Only certain crimes qualify, and individuals must meet requirements like no new convictions during a waiting period. General requirements include:

– Completion of sentence, including probation, parole, or community service.
– Waiting period of 5 to 10 years, depending on offense severity.
– No additional convictions during the waiting period.
– Payment of all fines and restitution.
– Eligible offenses exclude violent crimes, sex crimes, or offenses causing death.

• What are the steps to have a criminal case expunged?

The expungement process in Indiana involves:

– Filing a petition in the county where the offense occurred.
– Notifying the prosecutor’s office.
– Undergoing a court background check for eligibility.
– Attending a hearing where prosecutors or victims may object.
– If granted, the court orders law enforcement and court officials to expunge or seal the record.

• What is the effect of sealing?

Once sealed in Indiana, a criminal record is hidden from most public view, preventing access by employers or landlords. Exceptions include law enforcement, courts, and certain government agencies. Expungement doesn’t erase the offense’s existence, and the record may be used in subsequent criminal cases or civil lawsuits.

• Do I need a lawyer to expunge my record in Indiana?

You don’t legally need a lawyer to file for expungement in Indiana, but it’s often unwise to proceed alone. I compare it to changing a car’s transmission—you can try, but you might cause damage. Many clients who attempted pro se expungements later seek help to fix procedural errors, which can be costlier than hiring an attorney initially. Indiana law typically allows only one expungement petition per lifetime, so errors can be irreversible.

• How long do I need to wait to expunge my criminal record in Indiana?

In Indiana, dismissed cases can generally be expunged 1 year after charges are filed, though new cases are expunged automatically. Misdemeanor convictions require a 5-year wait from the last conviction date, and most felony convictions require 8 years.

• Can I expunge my record myself in Indiana?

You can legally expunge your record yourself in Indiana, but it’s risky, like attempting to change a car’s transmission. Mistakes can cause irreparable damage. Learn more at: Can I expunge my record myself in Indiana?

• Can you provide fast expedited expungements in Indianapolis or other counties in Indiana?

For fast expedited expungements, my office files petitions within 24 hours of being hired, unlike some providers who take up to a year. After filing, it typically takes 30 to 60 days for a petition to be granted, depending on the county.

Additional Resources

The following information may be helpful for those seeking additional Indiana Expungement resources:

• Indiana Expungement Quick Start Guide to Clearing Your Record
• Indiana Expungement Law: A Comprehensive Guide
• Indiana Expungement Law Cheat Sheet Pamphlets
• Indiana Expungement Tips and Tricks
• Indiana Expungement Law Explained
• Indiana Expungement Charts and Tables
• Start Your Indiana Expungement Today
• DCS Expungement Attorney in Indiana
• 2018 Indiana Expungement Law Proposals
• 2019 Indiana Expungement Law Proposals
• 2020 Indiana Expungement Law Proposals
• 2021 Indiana Expungement Law Proposals
• 2022 Indiana Expungement Law Updates
• 2023 Indiana Expungement Law Proposals
• 2024 Indiana Expungement Law Proposals
• 2024 Indiana Automatic Expungement Law
• 2025 Indiana Expungement Law Proposals
• 2026 Indiana Expungement Law Proposals
• Additional Statutes Relating to Expungement under Indiana Law

2018 Indiana Expungement Law Proposals

The 2018 Senate Enrolled Act 358 proposed expanding expungement eligibility for individuals with multiple felony convictions under certain conditions. It aimed to expand eligible offenses, reduce waiting periods, eliminate some hearings, and simplify the filing process.

2019 Indiana Expungement Law Proposals

The 2019 House Enrolled Act 1541 proposed reducing the waiting period for misdemeanor expungements from five to three years and for Class D felonies from eight to five years. It also aimed to expand eligible offenses, reduce waiting periods, eliminate some hearings, and simplify procedural aspects.

2020 Indiana Expungement Law Proposals

The 2020 House Enrolled Act 1444 added certain non-violent Level 5 and Level 6 felonies to eligible convictions for expungement and expanded eligible misdemeanors. It proposed reducing waiting periods, eliminating hearing requirements for certain expungements, and simplifying procedures.

2021 Indiana Expungement Law Proposals

The 2021 Senate Enrolled Act 14 proposed automatic expungement of arrest records for non-convictions and expungement for certain low-level marijuana offenses. It allowed expungement for pretrial diversion program participants, expanded eligible cases, reduced waiting periods for some felonies, eliminated certain hearings, and simplified procedures.

2022 Indiana Expungement Law Updates

In 2022, Indiana passed a law automatically expunging dismissed charges 60 days after dismissal, though not retroactively. Another law allows expungement of arrest records if charges are reduced to an infraction.

2023 Indiana Expungement Law Proposals

In 2023, no proposals to change Indiana’s expungement law are pending.

2024 Indiana Expungement Law Proposals

Several 2024 legislative proposals include:

Indiana Automatic Expungement Law:

• HB 1042: Sponsored by Rep. Greg Porter, proposes automatic expungement for some misdemeanors after five years and most felonies after ten years, for offenses like possession of marijuana, battery with no serious injury, and theft under $500.
• SB 84: Proposed by Sen. Michael Young, focuses on automatic expungement for juvenile misdemeanor and felony convictions after five years from sentence completion.

Petition-Based Expungement:

• HB 1038: Sponsored by Rep. Porter, expands eligible offenses for petition-based expungement, reduces waiting periods for certain offenses (e.g., prostitution, possession of paraphernalia) from five to two years, and eliminates public hearing requirements.
• SB 100: Sponsored by Sen. Liz Watson, allows petition-based expungement for certain drug offenses after five years of completed probation or parole and court-ordered programs.

2025 Indiana Expungement Law Proposals

Proposed changes for 2025 include:

Eviction Record Expungement (Senate Bill 142)

Signed into law by Governor Mike Braun on May 1, 2025, Senate Bill 142, authored by Sen. Liz Brown, improves access to eviction record sealing. Key aspects include:

• Automatic Expungement Proposals: Stemming from recommendations by Notre Dame Law School’s Eviction Clinic and the Indiana Justice Project, it automates expungement for cases where tenants win, evictions are dismissed, money judgments are satisfied, or seven years have passed since an unpaid judgment, provided no disclosure order exists.
• Legislative Process: Advanced with testimony from Professor David Pruitt on January 8, 2025, the bill prevents disclosure of eviction records with unsatisfied judgments, balancing tenant and landlord interests. It passed with support from Indiana Legal Services, AARP Indiana, and the Indiana State Bar Association.
• Impact: Helps tenants secure housing by reducing eviction record stigma, particularly for low-income individuals.

Civil Red Flag Proceedings (House Enrolled Act 1137)

Signed into law on April 3, 2025, House Enrolled Act 1137 allows expungement of certain civil “red flag” proceedings under Indiana’s law for temporary firearm removal, in cases where the individual was found not dangerous or deemed safe after receiving help.

The 2025 Red Flag Law Expungement in Indiana

The Jake Laird Law (Red Flag Law) allows temporary firearm seizure from individuals deemed dangerous. House Bill 1137 (2025) mandates expungement of records if a court finds the individual not dangerous, covering court files, law enforcement records, search warrants, affidavits, and criminal history repositories. Retroactive for pre-July 1, 2025 “not dangerous” determinations, individuals can file for expungement. Contact my office for a free consultation if eligible.

2026 Indiana Expungement Law Proposals

Proposed changes for 2026 include:

House Bill 1042

Sponsored by Rep. Greg Porter, HB 1042 proposes automatic sealing for misdemeanors after five years and most felonies after ten years (excluding violent crimes, sex offenses, or serious bodily injury), for offenses like minor drug possession, battery without serious injury, and theft under $500. This eliminates petitions and hearings, reducing costs and burdens, though funding and technological upgrades may pose challenges.

Senate Bill 84

Proposed by Sen. Michael Young, SB 84 targets automatic expungement for juvenile misdemeanor and felony convictions after five years from sentence completion, aiming to give young offenders a fresh start.

Focus on Specific Demographics:

• HB 1041: Sponsored by Rep. Porter, creates a specialized expungement process for wrongfully convicted individuals via a Wrongful Conviction Review Commission.
• SB 72: Sponsored by Sen. Shelia Klinker, allows expungement petitions for individuals released due to the “ex post facto” clause for original convictions.

Additional Statutes Relating to Expungement under Indiana 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 requests for limited criminal history release or inspection to noncriminal justice organizations or individuals under IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).

(b) A person may petition the state police to limit access to their limited criminal history to criminal justice agencies if more than 15 years have elapsed since discharge from probation, imprisonment, or parole for the last conviction.

(c) Upon such a petition, the state police shall not release limited criminal history to noncriminal justice agencies under IC 10-13-3-27.

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

(a) Applies to felony convictions, including elected officials convicted during their term or candidacy and felonies causing serious bodily injury.

(b) Does not apply to sex or violent offenders, official misconduct, or specific offenses under IC 35-42-1, IC 35-42-3.5, IC 35-42-4, or multiple felony offenses involving unlawful deadly weapon use not part of the same episode.

(c) Petitions can be filed no earlier than 10 years from conviction or 5 years from sentence completion, unless the prosecutor consents to a shorter period, to expunge records from courts, department of correction, bureau of motor vehicles, and treatment providers.

(d) Petitions must be filed in the county of conviction.

(e) The court may order expungement if the required period has elapsed, no charges are pending, all fines and restitution are paid, no convictions occurred in the prior 10 years (or shorter if prosecutor consents), and the prosecutor consents in writing.

(f) Expunged records are considered expunged for all purposes except disposition.

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

(a) For expunged records under sections 2-3, the court shall:

(1) Order the department of correction, bureau of motor vehicles, law enforcement, and service providers to prohibit record release without a court order, except to law enforcement acting officially.

(2) Order the state police to seal expunged conviction records, disclosable only to authorized entities like prosecutors, defense attorneys, probation departments, FBI, DHS, supreme court, or motor vehicle agencies under specific conditions.

(3) Notify the supreme court clerk to seal related records.

(b) Except as noted, records of sentencing courts, juvenile courts, and appellate courts are permanently sealed, though driver’s license suspensions are unaffected.

(c) For appellate opinions naming the petitioner, the court redacts the name online and provides redacted copies to publishers, without destroying original copies.

(d) Prosecutors may apply to unseal records for new prosecutions, with resealing ordered when reasons cease, unless used in convictions or sentencing enhancements.

(e) Expungement does not affect sex offender registry operations or requirements.

(f) Domestic violence expungement does not restore firearm rights, which require IC 35-47-4-7.

(g) Expungement orders include information from section 8(b).

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

(a) Applies to petitions under sections 4 or 5 with records marked as expunged.

(b) Court and public records remain public but are marked as expunged. Driver’s license suspensions are unaffected.

(c) State police, motor vehicles, and law enforcement add an expunged entry to records. Motor vehicle reporting for traffic violations remains unaffected.

(d) Orders include information from section 8(b).

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

(a) Applies to petitions under sections 2-5, not section 1 (arrest, charge, or juvenile records).

(b) Petitions must include petitioner’s full name, aliases, date of birth, addresses since the offense, case number, affirmations of no pending charges or new crimes, conviction details, Social Security and driver’s license numbers, arrest and conviction dates, prosecutor’s consent if applicable, and prior petitions.

(c) Petitioners may include additional helpful information.

(d) A civil case filing fee is required, waivable for indigent petitioners.

(e) Petitions must be served to the prosecutor per Indiana Rules of Trial Procedure.

(f) Prosecutors inform victims of their rights, unless the court has no discretion in granting expungement.

(g) Prosecutors must reply within 30 days, or they waive objections, and the court proceeds under section 9.

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

(a) Applies to Indiana offenses with indeterminate sentences under laws other than IC 35-50.

(b) Misdemeanors at filing time can be petitioned under section 2.

(c) Level 6 felonies not similar to section 3(b) offenses can be petitioned under section 3.

(d) Offenses not eligible under section 3 and not similar to section 4(b) offenses can be petitioned under section 4.

(e) Felonies, including those in section 5(a) and not similar to section 5(b), can be petitioned under section 5.

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

(a) If the prosecutor does not object or waives objection, the court may grant expungement without a hearing.

(b) Petitions not meeting section 8 requirements or showing ineligibility may be summarily denied.

(c) If the prosecutor objects, they file reasons and serve the petitioner, with a hearing set no sooner than 60 days after service.

(d) Victims may submit statements at the hearing, and petitioners must prove petition facts by a preponderance of evidence.

(e) Grant or denial is an appealable final order.

(f) If granted, the court issues an expungement order per sections 6 and 7.

(g) Orders include section 8(b) information.

(h) Petitioners may expunge multiple convictions in one petition per county, filing separate petitions for different counties.

(i) Except as noted, only one expungement petition is allowed per lifetime, with petitions in multiple counties within 365 days counting as one.

(j) Denied petitions may be refiled for unexpunged convictions after three years if denied under sections 4 or 5 discretion.

(k) Amended petitions for new convictions require court findings of good faith, excusable neglect or uncontrollable circumstances, and justice interests.

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

(a) Applies to collateral actions in a different county from the expungement county.

(b) Upon receiving a collateral action expungement request with a certified expungement order, the county court notifies the prosecutor and sets a hearing or orders expungement without a hearing if eligibility is clear.

(c) The court orders expungement (sections 1-3) or marking as expunged (sections 4-5) unless the action is unrelated.

(d) Requests can be filed anytime after the original expungement order.

(e) No filing fee is required for collateral action expungement requests, even under a new cause.

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

(a) Does not apply to those accessing sealed records under section 6(a)(2).

(b) It’s unlawful to suspend, expel, refuse employment, admission, licensing, or discriminate based on an expunged or sealed record.

(c) Except for section 6(f), expungement fully restores civil rights, including voting, holding office, firearm licensing, and jury service.

(d) Questions about criminal records must exclude expunged convictions or arrests.

(e) Expunged individuals are treated as never convicted, but expunged convictions may be considered in new prosecutions or sentencing.

(f) Discriminating based on expunged records is a Class C infraction, subject to contempt, with injunctive relief available.

(g) Expungement orders can be evidence of due care in hiring or licensing.

(h) Expunged convictions are inadmissible in negligent hiring or licensing actions.

(i) Expungement cases become confidential upon order issuance, but documents and hearings are public until then.

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

(a) Waiving expungement rights in a plea agreement is invalid and unenforceable.

(b) Waivers based on noncompliance with this chapter are valid.

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

Criminal history providers disclosing expunged convictions are subject to penalties under IC 24-4-18-8.

DCS Expungement Attorney in Indiana